[Federal Register Volume 67, Number 5 (Tuesday, January 8, 2002)]
[Rules and Regulations]
[Pages 956-1024]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-32251]



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Part II





Department of Commerce





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 National Oceanic and Atmospheric Administration



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50 CFR Part 679



Fisheries of the Exclusive Economic Zone Off Alaska; Steller Sea Lion 
Protection Measures for the Groundfish Fisheries Off Alaska; Final 2002 
Harvest Specifications and Associated Management Measures for the 
Groundfish Fisheries Off Alaska; Interim Rule

  Federal Register / Vol. 67 , No. 5 / Tuesday, January 8, 2002 / Rules 
and Regulations  

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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 679

[Docket No. 011218304-1304-01; I.D. 121701A]
RIN 0648-AP69


Fisheries of the Exclusive Economic Zone Off Alaska; Steller Sea 
Lion Protection Measures for the Groundfish Fisheries Off Alaska; Final 
2002 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; request for comments.

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SUMMARY: NMFS issues an emergency interim rule to implement Steller sea 
lion protection measures to avoid the likelihood that the groundfish 
fisheries off Alaska will jeopardize the continued existence of the 
western population of Steller sea lions or adversely modify their 
critical habitat. These management measures will disperse fishing 
effort over time and area to provide protection from potential 
competition for important Steller sea lion prey species in waters 
adjacent to rookeries and important haulouts. This action also 
announces final 2002 harvest specifications and associated management 
measures for the groundfish fisheries of the Bering Sea and Aleutian 
Islands management area (BSAI) and the Gulf of Alaska (GOA). The 
intended effect of this emergency interim rule is to protect the 
endangered western population of Steller sea lions, as required under 
the Endangered Species Act (ESA), and to conserve and manage the 
groundfish resources in the BSAI and the GOA in accordance with the 
Magnuson-Stevens Fishery Conservation and Management Act (Magnuson-
Stevens Act).

DATES: Effective January 1, 2002, except for the addition of 
Sec. 679.7(a)(18), the suspension of Sec. 679.7(c)(3), and the addition 
of Sec. 679.28(f)(3)(viii) which will be effective 1200 hours A.l.t. on 
June 10, 2002, through July 8, 2002, and Sec. 679.7(k), 
Sec. 679.50(c)(4)(vi) and (c)(6) which will be effective January 15, 
2002, through July 8, 2002. Comments must be received by February 7, 
2002.

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 Supplemental Environmental Impact Statement on Steller 
Sea Lion Protection Measures in the Federal groundfish fisheries off 
Alaska (SEIS), including the 2001 biological opinion, and the 
Environmental Assessment (EA) for the Total Allowable Catch for the 
Year 2002 Alaska Groundfish Fisheries may be obtained from the same 
address. The SEIS and EA are also available on the NMFS Alaska Region 
homepage at http://www.fakr.noaa.gov. Send comments on collection-of-
information requirements to the same address and to the Office of 
Information and Regulatory Affairs (OIRA), Office of Management and 
Budget (OMB), Washington, DC 20503 (Attn: NOAA Desk Officer).
    Copies of the Final 2002 Stock Assessment and Fishery Evaluation 
(SAFE) reports, dated November 2001, are available from the North 
Pacific Fishery Management Council, West 4th Avenue, Suite 306, 
Anchorage, AK 99510 or from its homepage at http://www.fakr.noaa.gov/npfmc.

FOR FURTHER INFORMATION CONTACT: Melanie Brown, Sustainable Fisheries 
Division, Alaska Region, 907-586-7228 or e-mail at 
[email protected].

SUPPLEMENTARY INFORMATION:

Background

    NMFS manages the groundfish fisheries in the exclusive economic 
zone (EEZ) off Alaska under the Fishery Management Plan (FMP) for the 
Groundfish Fishery of the BSAI and the FMP for Groundfish of the GOA. 
The North Pacific Fishery Management Council (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 of 1973 (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

    The preamble to this emergency rule contains two parts. Part I 
explains the background surrounding actions taken to protect the 
endangered western population of Steller sea lions, including 
information on the development of protection measures for 2002. Part II 
describes the harvest specifications for the 2002 groundfish fisheries 
of the BSAI and GOA. These specifications are consistent with the 2002 
Steller sea lion protection measures.

Part I. Steller Sea Lion Protection Measures

Steller Sea Lion Endangered Species Status

    In 1990, NMFS designated the Steller sea lion as a threatened 
species under the ESA. The designation followed severe declines 
throughout much of the GOA and Aleutian Islands region. In 1993, NMFS 
designated critical habitat for the species to include (among other 
areas) the marine areas within 20 nautical miles (nm) of major 
rookeries and haulouts of the species west of 144 deg. W longitude 
(long.). In 1997, NMFS recognized two separate populations and 
reclassified the western population (west of 144 deg. W long.) as 
endangered.
    NMFS first began collecting information on the abundance of Steller 
sea lions during the 1950s and 1960s. However, the first counts based 
on reliable data were not available until the late 1970s; these counts 
reported approximately 109,800 animals. During the 1980s, a precipitous 
decline of Steller sea lions was observed. By 1996, the population had 
declined by 80 percent from the late 1970s. Counts of adult and 
juvenile Steller sea lions have continued to decline over the last 
decade, but at a much lower rate.
    Based on the best available scientific information, NMFS attributes 
the continued decline to multiple factors. Considerable evidence 
indicates that the lack of available prey is a substantial factor. Diet 
studies confirm that Steller sea lions depend on pollock, Pacific cod, 
and Atka mackerel as major prey resources, and that they may be 
particularly sensitive to reduced availability of prey during the 
winter. The occurrence of pollock, Pacific cod, and Atka mackerel in 
the diet of sea lions may have increased since the 1970s due to shifts 
in the Bering Sea ecosystem related to atmospheric and oceanographic 
changes. More information on the environmental changes and potential 
effects on Steller sea lions is detailed in section 4.4.1 of the 
October 19, 2001, Biological Opinion on the BSAI and GOA groundfish 
fisheries and the effects on Steller sea lions (see ADDRESSES).

[[Page 957]]

Past Biological Opinions and Court Cases

    In accordance with the requirements of the ESA, since 1990 the NMFS 
Office of Protected Resources has issued biological opinions (BiOps) on 
the pollock fisheries of the BSAI and GOA, on the Atka mackerel fishery 
of the Aleutian Islands subarea, and on the entire groundfish fishery 
for the GOA and BSAI. These opinions analyzed the effects of the 
various groundfish fisheries with emphasis on the Atka mackerel, 
Pacific cod, and pollock fisheries in the waters off Alaska and 
recommended actions to avoid jeopardy for the western population of 
Steller sea lions and to avoid adverse modification of its habitat. The 
term ``jeopardize'' means ``to engage in an action that reasonably 
would be expected, directly or indirectly, to reduce appreciably the 
likelihood of both the survival and recovery of a listed species in the 
wild by reducing the reproduction, numbers, or distribution of that 
species'' (50 CFR 402.02). The phrase ``adversely modify its critical 
habitat'' means ``a direct or indirect alteration that appreciably 
diminishes the value of critical habitat for both the survival and 
recovery of a listed species. Such alterations include, but are not 
limited to, alterations adversely modifying any of those physical or 
biological features that were the basis for determining the habitat to 
be critical'' (50 CFR 402.02).
    Two BiOps were issued by NMFS in December 1998. The first one 
analyzed the Atka mackerel and pollock fisheries (1998-1 BiOp) and the 
second one analyzed the 1999 harvest specifications for all the 1999 
groundfish fisheries in the BSAI and GOA (1998-2 BiOp). The 1998-1 
BiOp, issued December 3, 1998, and revised December 16, 1998, concluded 
that the Atka mackerel fishery, as modified by regulatory changes (64 
FR 3446, January 22, 1999), was not likely to jeopardize the endangered 
western population of Steller sea lions or adversely modify its 
critical habitat. However, the 1998-1 BiOp concluded that the pollock 
fishery, as then proposed, was likely to jeopardize the endangered 
western population of Steller sea lions and adversely modify its 
critical habitat. Rather than offering a specific reasonable and 
prudent alternative (RPA) for the BSAI and GOA pollock fisheries, the 
1998-1 BiOp provided a framework in which specific management measures 
could be developed to avoid the likelihood of jeopardizing the 
continued existence of the western population of Steller sea lions or 
adversely modifying its critical habitat. The framework consisted of 
three principles: (1) Temporal dispersion of fishing effort, (2) 
spatial dispersion of fishing effort, and (3) protection from fisheries 
competition for Steller sea lion prey in waters adjacent to rookeries 
and important haulouts. For each of these principles, the 1998-1 BiOp 
provided guidance on the development of management measures to meet the 
objectives and, ultimately, to avoid jeopardy and adverse modification. 
The 1998-1 BiOp stated that certain conservation measures could be 
phased in over a 2-year period.
    In December 1998, NMFS staff briefed the Council on the 1998-1 
BiOp. The Council then prepared recommendations for alternative 
management measures based on the BiOp framework to avoid jeopardy and 
adverse modification. The Council's recommendation did not contain 
Bering Sea subarea (BS) pollock harvest specifications for the second 
half of 1999. However, the Council planned to recommend these measures 
prior to mid-1999. The Council also recommended closing all but nine of 
the haulout zones specified by the 1998-1 BiOp in the BSAI and GOA. 
NMFS determined these recommendations to be acceptable as part of a 2-
year phase-in strategy, in which equivalent or better protections would 
be extended for those areas for 2000 and beyond.
    On December 16, 1998, NMFS adopted the measures recommended by the 
Council (with modifications) into the 1998-1 BiOp as part of the 
reasonable and prudent alternatives (RPAs) for the Alaska pollock 
fisheries. NMFS published an emergency interim rule implementing these 
measures in the Federal Register on January 22, 1999 (64 FR 3437), as 
amended on February 17, 1999 (64 FR 7814), and on February 25, 1999 (64 
FR 9375), and effective through July 19, 1999. The preamble to the 
emergency interim rule provides a detailed description of the purpose 
and need for the implementation of emergency measures in 1999.
    The Council met again in February, April, and June 1999 to consider 
recommendations for extending the emergency rule for the second half of 
1999, and, at its June meeting, voted to extend the emergency rule. 
Using the Council's recommendation, NMFS extended the emergency rule 
through December 31, 1999 (64 FR 39087, July 21, 1999; technical 
amendment 64 FR 43297, August 10, 1999), with revisions that included 
BS pollock harvest specifications for the second half of 1999.
    In June 1999, the Council also deliberated on various management 
measures to implement permanently the RPAs as described in the 1998-1 
BiOp for 2000 and beyond. After significant debate and public comment, 
the Council voted to recommend a series of conservation measures to 
protect Steller sea lions.
    Greenpeace, the American Oceans Campaign, and the Sierra Club 
challenged the 1998-1 BiOp in the U.S. District Court for the Western 
District of Washington (Greenpeace v. NMFS, Civ. No. C98-0492Z (W.D. 
Wash.)). Several industry groups and Alaska communities joined the 
lawsuit as defendant-intervenors. In an Order issued on July 9, 1999 
(and amended on July 13, 1999), the Court upheld the no-jeopardy 
conclusion for the Atka mackerel fishery and the jeopardy conclusion 
for the pollock fisheries. However, the Court also found that ``the 
Reasonable and Prudent Alternatives * * * were arbitrary and capricious 
* * * because they were not justified under the prevailing legal 
standards and because the record does not support a finding that they 
were reasonably likely to avoid jeopardy.'' On August 6, 1999, the 
Court remanded the RPA back to NMFS for further analysis and 
explanation.
    To comply with the Court's Order, NMFS conducted additional 
analyses and completed the Revised Final Reasonable and Prudent 
Alternatives (RFRPAs) on October 15, 1999. The RFRPAs described 
management measures to avoid the likelihood that the pollock fisheries 
authorized by regulations will jeopardize the continued existence of 
the endangered western population of Steller sea lions or adversely 
modify its critical habitat.
    NMFS modified previous measures to conform with the RFRPA and 
implemented these measures by emergency interim rule for the 2000 
groundfish fisheries (65 FR 3892, January 25, 2000, and 65 FR 36795, 
June 12, 2000). Although both environmental and fishing industry 
representatives challenged the adequacy of the RFRPAs in the U.S. 
District Court for the Western District of Washington, subsequent 
events in 2000 further modified measures to protect Steller sea lions 
(see below).
    Greenpeace, the American Oceans Campaign, and the Sierra Club also 
challenged the legal adequacy of the 1998-2 BiOp, which NMFS issued on 
December 22, 1998. On January 25, 2000, the Court entered an Order 
finding the 1998-2 BiOp too narrow in scope (Greenpeace v. NMFS, 80 F. 
Supp. 2d 1137 (W.D. Wash. 2000)). On

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July 19, 2000, the Court issued an injunction prohibiting fishing for 
groundfish with trawl gear in the EEZ within Steller sea lion critical 
habitat west of 144 deg. W long. until NMFS issued a comprehensive 
biological opinion adequately analyzing the full scope of the FMPs. 
(Greenpeace v. NMFS, 106 F. Supp. 2d 1066 (W.D. Wash. 2000)). The 
critical habitat areas closed by the Court's injunction were defined in 
regulations codified at 50 CFR 226.202, and in Tables 1 and 2 of 50 CFR 
part 226. NMFS issued an interim final rule prohibiting fishing for 
groundfish with trawl gear in Steller sea lion critical habitat during 
the pendency of the Court's injunction (65 FR 49766, August 15, 2000).
    In response to the Court's Order finding the 1998-2 BiOp 
inadequate, NMFS issued a biological opinion on the BSAI and GOA 
groundfish fisheries FMPs (Comprehensive BiOp) on November 30, 2000. 
The Comprehensive BiOp evaluated the Federal groundfish fisheries as 
implemented by the BSAI and GOA FMPs and their implementing 
regulations. After analyzing the direct and indirect effects of the 
groundfish fisheries, as authorized by the BSAI and GOA FMPs, on listed 
species, the cumulative effects of non-Federal actions, and the 
environmental baseline, NMFS concluded that the pollock, Pacific cod, 
and Atka mackerel fisheries as then configured jeopardized the 
continued existence of the western population of Steller sea lions and 
adversely modified its critical habitat. This conclusion was reached 
based on the likelihood that pollock, Pacific cod, and Atka mackerel 
fisheries compete with Steller sea lions and reduce their ability to 
survive and recover in the wild. Competition with fisheries is likely 
to cause reduced availability of sea lion prey (especially on small 
scales) which would reduce their foraging success and lead to 
nutritional stress, especially of juveniles and to a lesser extent 
adult females. The Comprehensive BiOp included an RPA that modified the 
three fisheries in such a manner as to reduce the likelihood of causing 
local depletion of key sea lion prey species and thus avoid 
jeopardizing the continued existence of Steller sea lions or adversely 
modifying their critical habitat.
    On December 21, 2000, prior to the implementation of the 
Comprehensive BiOp RPAs, the President signed Public Law 106-554. This 
law contained a one-year timetable for implementing the RPA from the 
Comprehensive BiOp as well as provisions affecting its implementation. 
Public Law 106-554, section 209(c)(2) required the RPA contained in the 
Comprehensive BiOp to become effective in its entirety on January 1, 
2002, unless revised as necessary and appropriate based on independent 
scientific review or other new information. In accordance with Public 
Law 106-554, and starting on January 1, 2001, the 2001 BSAI and GOA 
groundfish fisheries were initially managed in accordance with the 
fishery management plans and Federal regulations in effect for such 
fisheries prior to July 15, 2000. This initial management regime was 
subsequently replaced as provided in Public Law 106-554, section 
209(c)(4), via an emergency interim rule issued by NMFS under the 
Magnuson-Stevens Act and effective on January 18, 2001 (66 FR 7276, 
January 22, 2001). The emergency interim rule contained a suite of 
management measures that phased in certain provisions of the RPA.
    In response to the conclusions of the biological opinions since 
1998 and Public Law 106-554, NMFS issued permanent regulations for the 
Atka mackerel fishery (64 FR 3446, January 22, 1999) and a series of 
emergency regulations for the pollock fishery (64 FR 3437, January 22, 
1999; 65 FR 3892, January 25, 2000) and for Atka mackerel, pollock, and 
Pacific cod fisheries (66 FR 7276, January 22, 2001, extended and 
amended 66 FR 37167, July 17, 2001, and corrected 66 FR 44073, August 
22, 2001, and 66 FR 48371, September 20, 2001). These regulations 
disperse harvest over time and area and provide protection to areas 
important to Steller sea lions. In July 2001, the parties to the 
litigation concerning the biological opinions and the RFRPA filed a 
joint status report and agreed to stay further litigation until 
completion of the 2001 BiOp in October 2001. A subsequent joint status 
report dated November 1, 2001, agreed to continue the temporary stay of 
litigation until January 18, 2002, when a follow-up status report will 
be filed with the Court.

Development of 2002 Steller Sea Lion Protection Measures

    In January 2001, the Council established an RPA Committee to make 
recommendations on Steller sea lion protection measures for the second 
half of 2001 and to develop Steller sea lion protection measures for 
2002 and beyond. The Council's RPA Committee was composed of 21 members 
from the fishing community, the environmental community, NMFS, the 
Council's Science and Statistical Committee, the Council's Advisory 
Panel, and the State of Alaska Department of Fish and Game.
    In developing the protection measures for the second half of 2001 
and for 2002, the RPA Committee's first goal was to determine adequate 
forage for Steller sea lions using the best scientific and commercial 
information available and the second goal was to maximize the economic 
benefit to the fishing industry within constraints imposed by the ESA. 
The RPA Committee met numerous times to review Steller sea lion biology 
and habitat requirements, RPA from the Comprehensive BiOp, the draft 
SEIS and draft 2001 BiOp for this action, and commercial fishery and 
scientific survey information. Meetings in 2001 were held on February 
10, February 20, March 6-7, March 26-29, April 9, May 9-11, May 21-24, 
and August 23-24. These meetings were open to the public and the public 
was provided with several opportunities to comment at each meeting.
    After the available scientific information on Steller sea lion 
biology was discussed, the Committee reviewed commercial fisheries and 
harvest data to determine the competitive overlap between fisheries and 
Steller sea lions. With all of this information, the Committee then 
developed a fisheries management program intended to meet the 
requirements of applicable law. In April 2001, the RPA Committee 
presented its recommendations to the Council for fishery management 
measures for the second half of 2001. These recommendations were then 
forwarded by the Council to NMFS.
    In June 2001, the RPA Committee recommended Steller sea lion 
protection measures for 2002 and beyond. However, the Committee did not 
reach consensus regarding the recommendations; two representatives from 
the environmental community objected and provided a minority report 
with the May 21-24 Committee minutes. Both the Committee's 
recommendation and the minority recommendation developed by the 
American Oceans Campaign and the National Environmental Trust were 
included as alternatives analyzed in the SEIS. Additionally, protection 
measures in the GOA, developed by the Alaska Marine Conservation 
Council, were included as an option to the preferred alternative in the 
SEIS. Minutes from all RPA Committee meetings have been distributed at 
Council meetings and are available on the Council's Web site at http://www.fakr.noaa.gov/npfmc/default.htm.
    In June 2001, the Council recommended a suite of alternatives to be 
analyzed in the SEIS, including the RPA Committee's recommendation and 
the protection measures described in the

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minority report mentioned above. NMFS reviewed the recommendations and 
determined that they represented an adequate range of reasonable 
alternatives as required by the National Environmental Policy Act 
(NEPA). For purposes of identifying a proposed action in order to 
initiate formal consultation under Section 7 of the ESA, NMFS used the 
RPA Committee's recommendation as the preferred alternative 
(Alternative 4) in the draft SEIS. Alternative 4 also included three 
options added by the Council. Two of the options provided small boat 
exemptions for nontrawl gear Pacific cod fishing in the Chignik and 
Unalaska areas, and the third option established gear specific fishing 
zones for GOA Pacific cod fisheries (the Alaska Marine Conservation 
Council option).
    In July 2001, the NMFS Office of Sustainable Fisheries (OSF) 
reinitiated consultation under the ESA with the NMFS Office of 
Protected Resources (OPR) based on the availability of new information 
and the substantial changes proposed in the fisheries since the 
completion of the Comprehensive BiOp. The new scientific information is 
described in more detail below under the specific protection measures. 
Consultation was requested on the management measures outlined in 
Alternative 4 of the draft SEIS. A draft biological opinion (2001 BiOp) 
was prepared by the OPR and distributed as Appendix A to the draft 
SEIS, which was available for public review on August 20, 2001 (comment 
period closed October 15, 2001). During informal consultations, the OSF 
and the OPR concurred that all other listed species occurring in Alaska 
other than Steller sea lions would not be adversely affected by the 
implementation of the proposed action. Therefore, only the endangered 
and threatened populations of Steller sea lions were the subject of the 
formal consultation and draft biological opinion issued by the OPR.
    The draft 2001 BiOp, which is a consultation at the project level, 
did not supersede the previous Comprehensive BiOp. The Comprehensive 
BiOp remains valid and meets NMFS' requirement to consult at the FMP 
level. However, the RPA from the Comprehensive BiOp has been superseded 
by the managment measures in this rule.
    The Council conducted a special meeting in September 2001 to review 
the draft SEIS and the draft 2001 BiOp. After review of these documents 
and public testimony, the Council identified Alternative 4 in the draft 
SEIS, with several modifications and without the options identified in 
June, as its preliminary preferred alternative. The Council decided not 
to include additional small boat exemptions for Unalaska and Chignik 
due to concerns that opening these areas would reduce their values as 
control sites for evaluating management measures and increase the 
likelihood for competitive interactions with sea lions, and that these 
sites have not been economically important to the small boat fleets. 
Also, the Council preliminarily decided not to include the GOA ``gear 
zone'' option due to potential conflicts with Magnuson-Stevens Act 
national standards 8 and 10 (i.e., local community access to fishing 
resources and safety).
    Based on the analysis of alternatives in the SEIS, public 
testimony, and the draft 2001 BiOp, the Council made final 
recommendations for Steller sea lion protection measures. The 2001 BiOp 
determined that Alternative 4 met the requirements of the ESA by 
avoiding the likelihood of jeopardy to Steller sea lions and adverse 
modification of their critical habitat. Alternative 5 was determined in 
the SEIS to have similar effects as Alternative 4 on Steller sea lions 
and their critical habitat. Alternatives 2 and 3 were determined in the 
SEIS to have less adverse effects on Steller sea lions than 
Alternatives 4 and 5. Alternative 1 was more adverse to Steller sea 
lions than Alternative 4, based on the SEIS analysis. Given the results 
of the SEIS and the draft 2001 BiOp, the Council assumed that 
Alternatives 2, 3, 4, and 5 would meet the requirements of the ESA 
because Alternatives 2, 3, and 5 were considered to have similar or 
less adverse effects on Steller sea lions compared to Alternative 4. 
After the alternatives were identified that met the ESA requirements, 
the Council then determined which alternative provided the least impact 
on the human environment, including socioeconomic impacts, and which 
also met the requirements of the Magnuson-Stevens Act, including the 
national standards. The Council chose Alternative 4 because it met ESA 
requirements and came closer to meeting the overall objectives of the 
Magnuson-Stevens Act, including the national standards, and NMFS 
concurs with this decision. The final SEIS is available from NMFS (see 
ADDRESSES) or on the NMFS home page at http://www.fakr.noaa.gov.
    NMFS solicited comments on the draft 2001 BiOp, which were 
considered in the final biological opinion. NMFS released the final 
2001 BiOp on October 19, 2001, which was included as an appendix to the 
SEIS. Copies of the 2001 BiOp are available from the NMFS, Alaska 
Region homepage at http://www.fakr.noaa.gov (or see ADDRESSES). The 
2001 BiOp concluded that the proposed action under Alternative 4, which 
is implemented by this emergency interim rule, is not likely to 
jeopardize the continued existence of either the eastern or western 
populations of Steller sea lions or adversely modify their critical 
habitat.
    At its October 2001 meeting, the Council slightly modified its 
preferred alternative to provide limited relief to small vessels in 
response to public comments. These changes do not undermine the primary 
objective of avoiding jeopardy and adverse modifications to the Steller 
sea lions or their critical habitat. All of these modifications fell 
within the scope of the draft SEIS and the 2001 BiOp. Two modifications 
provided additional protection to Steller sea lions during 2002 in the 
Aleutian Islands subarea by eliminating the directed fishery for 
pollock and by reducing the proposed harvest of Atka mackerel in 
Steller sea lion critical habitat. The third modification is a near 
shore exemption for small vessels directed fishing for Pacific cod 
using hook-and-line or jig gear in the Bogoslof area and includes a 
harvest limit. Because of the extremely small harvest amount and 
closures around Steller sea lion haulouts in the area, this 
modification is expected to have no appreciable effects on Steller sea 
lions or their critical habitat. Public comment on the 2001 BiOp 
provided at the October Council meeting raised questions regarding the 
efficacy of using the Bogoslof area as a control site for comparing the 
fishery effects on Steller sea lions. Based on the extremely limited 
fishing by small vessels for Pacific cod and fishing prohibitions 
around Bishop Point, the Council changed its recommendation from 
September and requested NMFS implement a small boat exemption in the 
Bogoslof area (option 2 to Alternative 4 in the SEIS). The small vessel 
exemption in the Bogoslof area is within the scope of option 2 analyzed 
in the SEIS.
    NMFS concurs with the protection measures recommended by the 
Council and these measures are contained in this emergency interim 
rule. NMFS intends to supersede this emergency interim rule 
implementing 2002 protection measures with proposed and final 
rulemaking to implement these or similar measures for the remainder of 
2002 and beyond. The protection measures also replace the RPA 
identified in the Comprehensive BiOp.

[[Page 960]]

Protection Measures and the Most Recent Information

    Scientists generally agree that the decline of the western 
population of Steller sea lions is due to a combination of factors 
including nutritional stress, predation, and natural environmental 
changes. These factors are primarily thought to affect juveniles, and 
to a lesser extent adult females, although how this occurs and the 
magnitude of the effects are largely unknown. Of these factors, the 
groundfish fisheries primarily affect nutritional stress and, through 
indirect mechanisms, may increase the likelihood for predation due to 
increased search time for prey. Funding for Steller sea lion research 
has increased over the past few years and may provide clarification on 
the causes for the sea lion decline.
    The ESA requires NMFS to develop a Steller sea lion recovery plan, 
which includes criteria for delisting the species. A recovery plan was 
developed in 1992 with a set of delisting criteria, but these criteria 
were never adopted by the agency. A new Steller sea lion recovery team 
has been assembled and plans to meet in January 2002. Over a course of 
one to two years, the team will review the best available scientific 
and commercial data and will develop a new recovery plan replacing the 
outdated version. Because no recovery criteria are available, the 2001 
BiOp addressed recovery in terms of effects of the proposed action on 
Steller sea lion population trajectories.
    The 2001 BiOp concluded that the contribution of the groundfish 
fisheries to the Steller sea lion decline is likely to be small under 
the protection measures specified in this emergency interim rule. 
Although, adverse impacts to the two populations of Steller sea lions 
and their critical habitat are expected to result from these groundfish 
fisheries, the fisheries are unlikely to jeopardize the continued 
existence or adversely modify critical habitat for these populations. 
These protection measures are intended to avoid fishery-related 
reductions in abundance of Steller sea lion prey in key local foraging 
areas, as such reductions could reduce the effectiveness of sea lion 
foraging.
    These protection measures address competitive interactions between 
the groundfish fishery and Steller sea lions in several ways. First, 
these measures will modify the existing harvest control rule to ensure 
that in the future enough prey resources exist overall and that prey 
densities are sufficient for Steller sea lions on a large scale. 
Second, the protection measures will distribute the catch of important 
prey species over zones of key importance to critical components of the 
Steller sea lion population and over time to reduce the effects of 
localized depletion. Localized depletion for a Steller sea lion is the 
reduction of prey resources to a level that decreases the efficiency of 
a foraging sea lion so that it adversely affects its health or 
increases its risk to predation. Finally, the protection measures will 
prohibit fishing in areas immediately surrounding all rookery and many 
haulout sites and curtail fishing for important prey species in 
significant portions of designated critical habitat to relieve 
competition in areas considered important to Steller sea lion survival 
and recovery.
    In 1993, critical habitat was established to 20 nm seaward of 
haulouts and rookeries based on the best scientific information 
available at the time, such as Platform of Opportunity (POP) data 
(August 27, 1993, 58 FR 45269). In 1999 through 2001, protection 
measures included fishery restrictions out to 20 nm from Steller sea 
lion rookery and haulout sites. In most cases, the portion of critical 
habitat areas considered important for protection in 2002 and beyond is 
between 0 nm and 10 nm of haulout and rookery sites with areas closer 
to shore considered more important for animals with less foraging 
skills or for females with pups. POP data still provide the best 
information for adult male Steller sea lions because little telemetry 
data have been collected for these animals. Recent telemetry data have 
been collected and analyzed from primarily adult females and juveniles, 
which are the portion of the population that pose the most concern for 
localized depletion of prey. The new telemetry data indicate that 
waters beyond 10 nm are mainly used by adults and older juveniles, 
which are considered to have stronger foraging skills, and depletion of 
prey by groundfish harvesting in these waters is not as likely to 
adversely affect foraging by these individuals. Both telemetry data and 
POP data are known to have biased results, but NMFS recognizes that the 
telemetry data provide more recent information on the more sensitive 
components of population when considering potential localized depletion 
of prey by the groundfish fisheries. For these reasons, many of the 
protection zones or areas in this emergency interim rule extend to 10 
nm from Steller sea lion rookeries and haulouts.
    Steller sea lion count survey data also were used to determine the 
areas that needed more protection from potential fishery interaction. 
Some of the rookeries showed declines of more than 10 percent. In most 
cases, sites with higher rates of decline receive additional protection 
over areas with less decline under the measures in this emergency 
interim rule.
    This emergency interim rule also includes provisions for control 
areas to aid in an experimental design to determine the effectiveness 
of management measures. The Bogoslof area and Seguam foraging area, and 
the Chignik critical habitat areas will be closed to pollock, Atka 
mackerel, and Pacific cod directed fishing, except to vessels using jig 
gear in the Chignik area and to small vessels fishing for Pacific cod 
using jig or hook-and-line gear in the Bogoslof area. The Chiniak Gully 
will be closed to trawling August 1 through September 20 to determine 
the impact of trawl fishing on localized depletion of pollock. A review 
of the 2001 BiOp by the National Academy of Science may provide further 
recommendations on an experimental design that would provide the 
information needed on the efficacy of management measures.

Summary of the 2002 Management Measures

    The following is a summary of protection measures. More detailed 
descriptions by topic, fishery, and area follow in this preamble. The 
State of Alaska Board of Fisheries at its November 2001 meeting adopted 
the same protection measures for the State parallel fisheries with two 
exceptions in the Pacific cod pot fishery which are noted below. The 
State of Alaska Department of Fish and Game should be contacted for 
details on Steller sea lion protection measures inside State waters. 
The majority of the Steller sea lion protection measures contained in 
this emergency interim rule are effective January 1, 2002, through July 
8, 2002. Protection measures include:
    1. Area closures for federally permitted vessels to all groundfish 
fishing between 0 nm and 3 nm of 39 rookery sites. These sites are 
considered the most sensitive for females with pups and the near shore 
marine critical habitat the most important to protect from interactions 
between groundfish fisheries and Steller sea lions.
    2. For the Atka mackerel, pollock, and Pacific cod directed 
fisheries in the waters off Alaska, protection measures include: (a) A 
modified harvest control rule (HCR) to prohibit directed fishing when 
the biomass reaches 20 percent of its unfished level, (b) closures 
within 10 or 20 nm of selected haulout and rookery sites to directed 
fishing for Atka mackerel, pollock, and Pacific cod in

[[Page 961]]

the GOA and BSAI, (c) closure of Seguam foraging area and most of the 
Bogoslof area to all gear types, (d) a VMS requirement, (e) closure of 
the Chignik area to pot, trawl, and hook-and-line gears, (f) closure 
within 10-20 nm of 46 rookeries and haulouts to hook-and-line fishing 
for Pacific cod, and 44 rookeries and haulouts to pot fishing for 
Pacific cod, and (g) modifications to the CDQ groundfish program.
    3. Aleutian Island area protection measures include: (a) Closure of 
the subarea to directed fishing for pollock, (b) Pacific cod total 
allowable catch (TAC) apportionment by season and gear, as well as gear 
specific area restrictions that alternate with the Atka mackerel 
fishery in critical habitat in areas 542 and 543, (c) closure of the 
Seguam foraging area to pollock, Atka mackerel, and Pacific cod 
directed fishing by all gear types, (d) critical habitat harvest limit 
of 60 percent for Atka mackerel in areas 542 and 543, (e) a platoon 
management system for Atka mackerel fishing in critical habitat in 
areas 542 and 543, (f) two observers required for critical habitat Atka 
mackerel directed fishing, (g) at least 0-3 nm closures around all 
haulouts for Atka mackerel and Pacific cod trawl fishing and (h) no 
Atka mackerel critical habitat fishing west of 178 deg. W long.
    4. Bering Sea protection measures include: (a) Two seasons (40:60 
percent apportionment) for the pollock fishery with no more than 28 
percent of the annual directed fishing allowance taken from the Steller 
sea lion conservation area (SCA) before April 1, (b) continuation of BS 
pollock fishery cooperatives established under the AFA, (c) 
establishment of the BS Pollock Restriction Area during the A season, 
(d) closure of the Catcher Vessel Operation Area (CVOA) to non-CDQ 
pollock trawl catcher/processors during the B season, (e) Pacific cod 
TAC apportionments by season and gear, as well as gear specific area 
restrictions, and (f) closure of all BS subarea critical habitat to 
Atka mackerel fishing.
    5. Gulf of Alaska protection measures include: (a) Distribution of 
pollock harvest evenly over 4 seasons, (b) closure of directed fishing 
for pollock in areas that vary from 0-20 nm to 0-3 nm around rookeries 
and haulouts, (c) two seasons (60 percent:40 percent) for Pacific cod 
fishing and area restrictions that are dependent on gear type and 
vessel size, and (d) continuation of the NMFS Chiniak Gully research 
project to explore the effects of commercial fisheries on pollock 
abundance and distribution in the GOA.

2002 Protection Measures Details for Harvest Time, Limits, and 
Apportionments

Modification of the Existing Harvest Control Rule (HCR)
    The protection measures include a modification of the existing HCR 
for pollock, Pacific cod, and Atka mackerel. NMFS currently uses an HCR 
established under Amendments 56/56 to the FMPs when determining the 
maximum allowable biological catch (ABC). Under the existing HCR, the 
ABC for a majority of stocks, including pollock, Pacific cod, and Atka 
mackerel, is based on a fishing mortality rate intended to reduce the 
spawning biomass per recruit to 40 percent of its theoretical unfished 
level (F40%). When the biomass is below the 
amount necessary to produce the maximum sustainable yield (MSY), the 
fishing mortality rate is reduced linearly. When the spawning biomass 
per recruit is reduced to 2 percent of its unfished level, the fishing 
mortality rate becomes 0 and all fishing for that target stock is 
prohibited (see Figure 1). A new HCR was used in 2001 which reduced 
directed fishing for pollock, Pacific cod, and Atka mackerel in a more 
aggressive linear fashion than the original HCR and included a directed 
fishing prohibition at the 20 percent unfished biomass level.
    The new HCR will be almost identical except that directed fishing 
would be prohibited when the spawning biomass is below 20 percent of 
the unfished level (as opposed to 2 percent in the current HCR).
    Figure 1 shows the reduction in fishing mortality under the three 
methods of harvest control: (1) Amendments 56/56 to the BSAI and GOA 
FMPs for most groundfish species, (the existing HCR for most groundfish 
species), (2) the 2001 HCR, and (3) the 2002 HCR. The harvest rate 
under the 2002 HCR and under Amendments 56/56 would decrease at the 
same rate until 20 percent of the unfished spawning biomass is reached.
    In a model, NMFS analyzed the difference in recovery rates back up 
to the MSY under the 2001 and 2002 HCRs and found very little 
difference (3-4 percent) between them. The 2001 BiOp concluded that the 
2002 HCR is adequate to avoid locally depleting Atka mackerel, pollock, 
and Pacific cod for Steller sea lions.

[[Page 962]]

[GRAPHIC] [TIFF OMITTED] TR08JA02.028

    In 2002, the new HCR does not affect the harvest rates for any 
species. However, the GOA pollock biomass is estimated to be about 45 
percent less than the 2000 estimate. Because of uncertainty in the 
point estimate and continued poor recruitment in the GOA pollock stock, 
the Plan Team recommended an ABC well below the maximum permissible 
using the HCR. Given the fact that in hindsight using the current model 
and known biomass amounts in 2001, the fishery would have overfished 
this stock if the total TAC would have been taken in areas 620 and 630. 
NMFS determines that this action is reasonable from a Steller sea lion 
and stock assessment perspective. See the SAFE reports for the GOA and 
BSAI and Part II of this preamble for more details. The SAFE reports 
are available from the Council (see ADDRESSES).
Steller Sea Lion Protection Measures for Pollock, Atka Mackerel, and 
Pacific Cod Fisheries
    The 2002 Steller sea lion protection measures include fishing 
seasons and area restrictions for the pollock, Pacific cod, and Atka 
mackerel fisheries. The seasons will distribute these fisheries over 
time. Critical habitat harvest limits for pollock and Atka mackerel 
will be implemented by this emergency interim rule consistent with the 
Council recommendations. Critical habitat limits will distribute the 
Atka mackerel and pollock fisheries over area, reducing the potential 
for localized depletion of prey.
    In order to manage fishing to protect Steller sea lions, this 
emergency interim rule includes changes to the permit information 
collected under Sec. 679.4. Vessels owners will need to register with 
NMFS to participate in the pollock, Pacific cod, and Atka mackerel 
fisheries. These directed fisheries will appear as endorsements on the 
vessel's Federal fishery permit for the area that the vessel owner has 
chosen for fishing these species. Vessel owners wishing to fish for 
Atka mackerel in critical habitat will also need to indicate whether 
they want to fish in Federal regulatory areas 542, 543, or both. The 
Atka mackerel registration information will be used for platoon 
management, which is explained later in this section.
    Several AFA provisions from 2001 are extended into 2002 under this 
emergency interim rule as well as inshore/offshore allocations of GOA 
pollock and Pacific cod. These provisions effectively slow the rate of 
fishing and distribute fishing effort in a manner expected to reduce 
competition with Steller sea lions. These provisions also were 
evaluated by the Council as part of the new Steller sea lion protection 
measures. More details are in Part II of this preamble under the BSAI 
harvest specifications. Separate rulemaking is being pursued by NMFS to 
permanently implement these provisions in the future.
    This action suspends the definition of directed fishing for pollock 
and other groundfish harvested under the CDQ program. It also revises 
the way that groundfish CDQ species may be used to calculate retainable 
amounts of other species, modifies groundfish CDQ retention 
requirements, and requires that a vessel's intended target fishery be 
reported on CDQ catch reports. These changes are necessary to ensure 
that the Steller sea lion protection measures being implemented by this 
emergency interim rule are applicable to groundfish CDQ harvesting 
activities.
    Under current regulations, the general groundfish fisheries and 
groundfish CDQ fisheries have different definitions of directed 
fishing. For recordkeeping and reporting requirements, as well as for 
License Limitation groundfish fishing, directed fishing is defined as 
any fishing activity that results in the retention of an amount of a 
species or species group on board a vessel that is greater than the 
current maximum retainable bycatch (MRB) amount, based on retained (or 
``basis'') species on board a vessel at a given time. The pollock and 
groundfish CDQ directed fishing definitions differ from the MRB-based 
definition for two reasons. First, the AFA specifies that the only 
pollock that will accrue to the pollock CDQ reserve will be that amount 
caught by vessels directed fishing for pollock CDQ. Second, all other 
groundfish caught while groundfish CDQ fishing

[[Page 963]]

must accrue towards one of the specified CDQ reserves, including 
economic discards or non-target species. In general, a vessel is 
considered groundfish CDQ fishing if it has been listed in a NMFS 
approved Community Development Plan and catches any amount of 
groundfish CDQ, including pollock. More specifically, the assessment of 
a vessel's particular target fishery is determined differently, 
depending on vessel type. For catcher/processors, the species 
composition of each haul is assessed to determine the directed fishery. 
For catcher vessels, the species composition on board the vessel at any 
time is used. Typically this information is used for pollock catch 
accounting purposes and the calculation of halibut bycatch mortality 
rather than at-sea enforcement of other management measures.
    The definition of directed fishing for pollock CDQ uses a 60 
percent threshold to determine whether a vessel using trawl gear is 
directed fishing for this species. If this criterion is met, then the 
pollock accrues toward the pollock CDQ reserve. If not, it accrues 
towards the pollock Incidental Catch Allowance (ICA). Pollock caught 
incidentally in groundfish CDQ fisheries by vessels using nontrawl gear 
also accrues towards the ICA. This definition of pollock CDQ fishing 
was established as part of a final rule implementing Amendment 66 to 
the BSAI FMP on March 7, 2001 (66 FR 13672), and was intended to meet 
the intent of the AFA. This definition was designed to facilitate 
pollock catch accounting, not to identify a vessel's overall target 
fishery. Defining CDQ directed fisheries via the use of MRB standards 
will offer a more accurate portrayal of a vessel's actual CDQ target 
fishery. For purposes of implementing the Steller sea lion protection 
measures, using the 60 percent definition of pollock CDQ fishing could 
conflict with the calculated target fishery derived by using MRB amount 
calculations. A vessel could, under current regulations, be considered 
directed fishing for pollock CDQ based on the species composition of a 
single haul, whereas under MRB calculations it would not.
    The suspension of CDQ specific directed fishing definitions, 
modifications of the use of CDQ species as basis species, and 
suspension of the use of a 60 percent threshold to facilitate pollock 
CDQ catch accounting in this emergency interim rule are necessary to 
establish a means to readily enforce time and area closures to directed 
fishing for pollock, Pacific cod, and Atka mackerel. Applying the 
definition of directed fishing already used for the non-CDQ groundfish 
fisheries will enhance the monitoring and enforcement of Steller sea 
lion protection measures. This will give consistency to the at-sea 
determination of both a vessel's non-CDQ and CDQ target fisheries. 
Additionally, to lessen the potential for confusion by NMFS staff, U.S. 
Coast Guard boarding personnel, vessel operators, and CDQ groups, MRB 
amounts will be used to define directed fishing for all groundfish CDQ 
species.
    These measures, along with a new requirement to report the intended 
target species on CDQ catch reports, will also assist NMFS management 
to determine when catch limits have been reached, when area closures 
should occur, and how to account for pollock caught in the groundfish 
CDQ fisheries. The target information that will be received on CDQ 
catch reports will be used by NMFS to determine whether to accrue 
pollock towards either the pollock CDQ allocation or the pollock ICA. 
Additionally, current regulations do not require regulatory discards in 
the groundfish CDQ fisheries. However, the use of MRB amounts may 
require that some Atka mackerel or Pacific cod be discarded at-sea if 
CDQ directed fishery closures are in effect for these two species. Such 
catch will still be required to be reported on CDQ catch reports and 
will be subtracted from their corresponding CDQ allocations.
    The protection measures addressing temporal and spatial dispersion 
of the pollock, Atka mackerel, and Pacific cod directed fisheries are 
as follows:
1. Aleutian Island Subarea Pollock Fishery
    In the AI subarea directed fishing for pollock is prohibited at all 
times.
2. Bering Sea Subarea Pollock Fishery
    In the Bering Sea subarea, fishing seasons are continued for the 
four sectors of the Bering Sea pollock fishery that are defined in the 
AFA. These seasons are defined as the A season (January 20-June 10, 40 
percent) and the B season (June 10-November 1, 60 percent).
    Pollock fishing will be prohibited during the A season in the 
Bering Sea Pollock Restriction Area (BSPRA). This area is based on a 
series of straight lines tangential to haulouts, 10 nm from the shore 
between the eastern edge of the SCA and the western edge of Statistical 
Area 519. The BSPRA is intended to reduce the likelihood of localized 
depletion and competitive interactions during critical winter months 
when juvenile Steller sea lions are learning to forage.
    This emergency interim rule extends the repeal of the ``fair 
start'' provisions at Sec. 679.7(b) that required vessels fishing for 
pollock in the Bering Sea to cease fishing for groundfish during the 
week preceding each pollock season or face a mandatory stand-down 
period during the first week of the pollock season. The Council 
determined that these fair start requirements were no longer necessary 
given the changes to the pollock fishery that occurred under the AFA.
    Catcher vessel exclusive fishing seasons at Sec. 679.23(i) will be 
continued by this emergency interim rule. Vessels fishing in one season 
in the GOA or in the BSAI are restricted from fishing in the 
alternative management area until the following season. This 
restriction will limit the concentration of fishing effort in one area 
and reduce the potential for localized depletion of Steller sea lion 
prey. Catcher vessels less than 125 ft (38.1 m) LOA fishing east of 
157 deg. W long. are exempt from this restriction.
    This emergency interim rule also will extend the use of the SCA 
established by the emergency interim rule published January 25, 2000 
(65 FR 3892), at Sec. 679.22(a)(11). The SCA includes the portion of 
Bering Sea critical habitat known as the Bogoslof Foraging area and the 
portion of the CVOA that extends eastward from the Bogoslof Foraging 
area. This eastern block of the CVOA overlaps with the pollock trawl 
exclusion zone for Sea Lion Rocks (Amak Island). Inclusion of this 
eastern block in the SCA is necessary to provide sufficient protection 
from concentrated fishing and resulting localized depletions of sea 
lion prey in (1) the narrow corridor between the Bogoslof Foraging Area 
and the Sea Lion Rocks (Amak Island) trawl exclusion zone and (2) the 
adjacent portions of critical habitat.
    The SCA consists of the area of the Bering Sea between 170 deg.00' 
W long. and 163 deg.00' W long., south of straight lines connecting the 
following points in the order listed:

55 deg.00' N lat. 170 deg.00' W long.;
55 deg.00' N lat. 168 deg.00' W long.;
55 deg.30' N lat. 168 deg.00' W long.;
55 deg.30' N lat. 166 deg.00' W long.;
56 deg.00' N lat. 166 deg.00' W long.;
56 deg.00' N lat. 163 deg.00' W long.

    This emergency interim rule specifies the amount of the annual 
pollock directed fishing allowance (PDFA) that can be taken from the 
SCA during the A season. The PDFA is equal to the sum of each sector's 
TAC minus the ICA and 10 percent CDQ reserve. Until April 1, the 
harvest within the SCA is limited to

[[Page 964]]

28 percent of the annual PDFA which is equivalent to 70 percent of the 
A season apportionment. The remaining 12 percent of the annual PDFA 
allocated to the A season may be taken outside of SCA before April 1 or 
inside the SCA after April 1. If the 28 percent of the annual PDFA is 
not taken inside the SCA before April 1, the remainder may be taken 
inside the SCA after April 1. The A season pollock SCA harvest limit 
will be apportioned to each industry sector in proportion to each 
sector's allocated percentage of the PDFA as set forth in the AFA. This 
action is necessary to avoid high harvest rates within a relatively 
small area of the BS subarea which is Steller sea lion critical 
habitat.
    NMFS will monitor catch by each industry sector and close the SCA 
to directed fishing for pollock by sector when NMFS determines that a 
sector's specified portion of the SCA limit has been reached. As in 
2001, in accordance with the Council's intent to address small vessel 
safety concerns, inshore catcher vessels less than or equal to 99 ft 
(30.2 m) LOA will continue to be exempt from SCA closures unless the 
cap for the inshore sector has been reached, as specified in 
Sec. 679.22(a)(11)(vii). Under the authority of the AFA, NMFS will 
separate the inshore fishery into cooperative and non-cooperative 
sector allocations. For each sector, NMFS will announce the closure of 
the SCA to catcher vessels over 99 ft (30.2 m) LOA before the inshore 
sector SCA limit is reached. NMFS will implement the closure in a 
manner intended to leave remaining quota within the SCA that is 
sufficient to support directed fishing for pollock by vessels less than 
or equal to 99 ft (30.2 m) LOA for the duration of the inshore sector 
opening.
    The CVOA will continue to be closed to pollock trawl catcher/
processors during the B season (June 10-November 1) to reduce the 
amount of pollock taken from this area and to reduce the potential for 
competition with Steller sea lions.
3. GOA Pollock Fishery Seasons and Apportionments
    Fishing seasons and pollock TAC apportionments in the GOA are 
summarized in Table 1.

Table 1.--Pollock Fishing Seasons and TAC Apportionments for the Western
           and Central Regulatory Areas of the Gulf of Alaska
------------------------------------------------------------------------
                                TAC
          Season           apportionment           Season dates
                              (percent)
------------------------------------------------------------------------
A........................            25   January 20-February 25.
B........................            25   March 10-May 31.
C........................            25   August 25-September 15.
D........................            25   October 1-November 1.
------------------------------------------------------------------------

    Rollover of a seasonal TAC apportionment is permitted as long as it 
does not exceed 30 percent of the annual TAC.
    The start date of the C season has been changed from August 20 in 
2001 to August 25 in 2002. This change is intended to reduce salmon 
bycatch and to optimize the use of shoreside processing facilities and 
the harvest of the pollock allocation in the C season. This change is 
expected to have no appreciable effect on Steller sea lions.
    The 300,000 lb (136 mt) trip limit for catcher vessels harvesting 
pollock in the directed pollock fisheries of the GOA at Sec. 679.7 
supports temporal distribution objectives and is maintained by this 
rule. A catcher vessel fishing for groundfish in the GOA will be 
prohibited from retaining on board more than 300,000 lb (136 mt) of 
pollock harvested in the GOA any time during a trip. This trip limit 
will not exempt vessels from existing regulations that require 100 
percent retention of pollock when directed fishing for pollock is open. 
A vessel would have to stop fishing for pollock during a fishing trip 
before the 300,000 lb (136 mt) trip limit is reached to avoid a 
violation of either the 300,000 lb (136 mt) trip limit or the 100 
percent retention requirement for pollock.
    In addition, Sec. 679.7 continues to prohibit vessels from 
operating as pollock tenders in the GOA east of 157 deg.00' W long. to 
prevent the large scale use of tender vessels to avoid the trip limit 
restriction. Vessels operating as tenders in the GOA west of 
157 deg.00' W long. will be prohibited from retaining on board more 
than 600,000 lb (272 mt) of unprocessed pollock or the equivalent of 
two fishing trips. Tendering west of 157 deg.00' W long. is allowed 
because smaller vessels delivering to Sand Point and King Cove are more 
dependent on tenders than the larger vessels that operate east of 
157 deg.00' W long. and deliver primarily to Kodiak.
4. BSAI Atka Mackerel Seasons, Apportionments, Critical Habitat Harvest 
Limits, and Platoons
    In the BSAI at Sec. 679.23(e)(7), the A season for Atka mackerel 
will begin January 20 and end April 15. The B season will begin 
September 1 and end November 1. The CDQ Atka mackerel fishery will have 
a single season from January 20 through November 1 because the vessels 
used in the non-CDQ Atka mackerel fishery are generally the same 
vessels used in the CDQ fishery, and the CDQ harvest historically takes 
place when the non-CDQ season is closed.
    Fifty percent of the annual TACs for the western, central, and 
eastern Aleutian Islands districts is available during each season. No 
more than 60 percent of the seasonal TAC may be taken from within the 
harvest limit area (HLA) in statistical Areas 542 and 543 in the AI 
subarea. The HLA includes critical habitat and two additional Steller 
sea lion haulouts located west of 178 deg. W long. and is further 
explained below. The apportionment is based on the assumed distribution 
of Atka mackerel based on depth contour of the continental shelf and on 
an objective to reduce the amount of rockfish bycatch that has occurred 
historically at relatively high levels outside of critical habitat in 
deeper waters in areas 542 and 543. Critical habitat limits in 2001 
were between 48 and 46 percent. One of the objectives in setting 
harvest levels is to harvest at a level relative to the abundance of 
the fish in the area to avoid localized depletion. The biomass 
estimates in areas 542 and 543 indicated that up to 75 percent of the 
biomass occurs in critical habitat, but the Council recommended, and 
NMFS concurs, that a more conservative increase in the amount of 
harvest from critical habitat is appropriate because this fishery has 
caused measurable localized depletions in the past. Higher levels of 
harvest in critical habitat may be considered in the future after 
additional analysis. Analyzing the effectiveness of the platooning 
system for managing the fleet in the HLA will provide additional 
information to understand the potential impact of higher harvest limits 
in the future. The amount of harvest allocated to the HLA also needs to 
be enough to encourage the participation in platoons used to manage the 
critical habitat fisheries.
    NMFS catch data indicate a higher catch rate of Atka mackerel in 
area 542 than in area 543 so that area 542 vessels will likely reach 
their HLA limit quicker than area 543 vessels. Thus, area 542

[[Page 965]]

vessels could have an earlier opportunity to fish outside of critical 
habitat and encounter rockfish bycatch in amounts sufficient to pose 
overfishing concerns and close the Atka mackerel fishery without area 
543 critical habitat limits being reached. With the 60 percent limit in 
the HLA, vessels will be able to spend more effort inside critical 
habitat and will be less likely to shut down the Atka mackerel fishery 
due to rockfish bycatch compared to a limit set at 50 percent or less.
    To clearly identify the Steller sea lion protection areas for Atka 
mackerel directed fishing in areas 542 and 543, this emergency interim 
rule establishes a new definition at Sec. 679.2. For purposes of Atka 
mackerel platooning and for restriction of Pacific cod trawling during 
the Atka mackerel HLA directed fishery, the definition of the HLA is 
waters within 20 nm seaward of Steller sea lion sites listed in Table 
24 of 50 CFR part 679. This definition is needed to include Rat Island 
and Cape Ivakin haulouts because these are not listed under 50 CFR 
226.202 as critical habitat but are identified by NMFS as needing 
protection as part of the measures implemented to avoid the likelihood 
of jeopardy.
    Atka mackerel fishing is prohibited in critical habitat east of 
178 deg. W long. to provide maximum protection to Steller sea lions and 
because Atka mackerel is readily available in waters outside of 
critical habitat. Atka mackerel harvest is permitted in critical 
habitat west of 178 deg. W long. under a system of platooning and with 
observers. All vessels fishing for Atka mackerel in HLA west of 
178 deg. W long. are required to have two observers so that NMFS can 
meet the requirements of the 2001 BiOp to adequately monitor fisheries 
to manage critical habitat limits.
    To reduce the amount of daily catch in the HLA by about half and to 
disperse the fishery over two areas, the Atka mackerel fleet is divided 
into two platoons assigned to fish in the HLA in either areas 542 or 
543. NMFS will assign vessels to a platoon for each area that a vessel 
registered to fish. Each platoon in an area will be assigned to fish 
during one of the two directed fisheries held in the area during a 
season. This division will be done through a lottery system that 
ensures random selection of vessels to a platoon. The random selection 
process will be used to ensure that each participant in a platoon is 
provided an equal opportunity to fish in a platoon of vessels in an HLA 
in area 542 or area 543 and that the combination of vessels fishing 
together is determined by chance.
    With the random selection process, the potential exists that 
vessels of less fishing capability may be in a group of vessels with 
more fishing capability, affecting the smaller vessel's opportunity to 
harvest fish. By dividing the vessels registered for an area into 
platoons, all vessels will be competing with half of the vessels that 
they normally compete against, reducing competition on the fishing 
grounds and potentially enhancing the overall harvest for smaller 
vessels in the HLA. However, the potential for competitive advantage of 
larger vessels from the same company working together over the smaller 
vessels will be reduced with the random platoon assignments, making it 
more likely that dispersion of catch over time is achieved.
    During a fishing season, the fishing limit inside the HLA will be 
split into two predetermined Atka mackerel directed fisheries with each 
platoon fishing under a harvest limit in proportion to the number of 
vessels in the platoon compared to the number of vessels registered for 
the area. The time period of the directed fishery is based on the 
combined harvest potential of the vessels in the platoon. The start 
date for the first directed fishery is 48 hours after the closure of 
the area 541 Atka mackerel directed fishery. Historically, area 541 is 
harvested first with vessels, which later move into areas 542 and 543. 
Starting the HLA directed fisheries 48 hours after closure of area 541 
provides a fair start to the HLA fisheries by allowing for off loading 
of catch and travel to areas 542 and 543. When the HLA directed fishery 
is closed in either areas 542 or 543, vessels may fish outside of the 
HLA anywhere in the Aleutian Islands where directed fishing is open.
    If a vessel has registered to fish in an HLA in both areas 542 and 
543 during a season, it will be assigned to fish in directed fisheries 
in area 542 and in area 543 that begin on different dates. Regardless 
of the number of vessels in a platoon, an HLA directed fishery would 
last no longer than 14 days to allow each platoon ample opportunity to 
harvest in the HLA in areas 542 or 543 before the end of the season.
    During each season, vessels registered to fish in the HLA in areas 
542 or 543 may not fish for groundfish in any other location while the 
first directed fishery in an HLA which the vessel is assigned is open. 
This stand down provision may last up to 14 days, the maximum length of 
an HLA directed fishery for Atka mackerel.
    Vessels not wishing to participate in the platoons may fish for 
Atka mackerel outside of the HLA and outside of critical habitat in the 
BSAI subareas.
5. BSAI and Western and Central Districts of the GOA Pacific Cod 
Seasons, Apportionments, and Closures
    For the BSAI and Western and Central Districts of the GOA Pacific 
cod seasons, this emergency interim rule separates the TACs into 
separate seasonal apportionments depending on gear type (Table 2). For 
the nontrawl vessels in the BSAI and Western and Central Districts of 
the GOA, the A season begins on January 1, 2002, and ends June 10, 
2002. Sixty percent of the annual TAC, after subtraction of any 
reserves and incidental catch, will be available for harvest during the 
A season and will be allocated among the various sectors as provided in 
Sec. 679.20(a)(6)(iii) and (a)(7). The nontrawl B season in both the 
BSAI and Western and Central Districts of the GOA begins at 1200 hours, 
A.l.t., on June 10, 2002, and ends on December 31, 2002. Forty percent 
of the annual TAC, after subtraction of any reserves and incidental 
catch, will be available for harvest during the B season and will be 
allocated among the various sectors as provided in 
Sec. 679.20(a)(6)(iii) and (a)(7). Pot and hook-and-line vessels less 
than 60 ft (18.3 m) LOA in the BSAI have no seasonal apportionment. For 
the trawl fisheries in the BSAI, the annual TAC is apportioned to three 
seasons. The A season starts January 20 and ends April 1 with 60 
percent of the annual TAC allocated. The B season starts April 1 (1200 
hours, A.l.t.) and ends June 10 with 20 percent of the annual TAC 
allocated and the C season starts June 10 (1200 hours, A.l.t.) and ends 
November 1 with 20 percent of the annual TAC allocated. In the Western 
and Central Districts of the GOA, trawl vessels are allocated 60 
percent of the annual TAC in the A season and 40 percent in the B 
season.

[[Page 966]]



   Table 2.--Bering Sea and Aleutian Islands Subareas and Western and Central Districts of the Gulf of Alaska
                                   Pacific Cod Seasons and TAC Apportionments
----------------------------------------------------------------------------------------------------------------
                                             A season and             B season and             C season and
            Gear and area                   apportionment            apportionment            apportionment
----------------------------------------------------------------------------------------------------------------
Trawl in W/C GOA.....................  January 20-June 10       September 1-November 1
                                        (60%).                   (40%).
Trawl in BSAI........................  January 20-April 1       April 1-June 10 (20%)..  June 10-November 1
                                        (60%).                                            (20%)
Hook-and-line, pot, and jig in W/C     January 1-June 10 (60%)  September 1-December 31
 GOA, and pot > 60 ft. LOA in BSAI.                              (40%).
Hook-and-line > 60 ft. and jig in      January 1-June 10 (60%)  June 10- December 31
 BSAI.                                                           (40%).
CDQ* pot, pot and hook-and-line  60                 January 1-December 31
 ft in the BSAI.
----------------------------------------------------------------------------------------------------------------
*Community Development Quota program. CDQ vessels fishing with non-pot gear are governed by the gear specific
  seasonal restrictions listed in Table 2.

    Unused Pacific cod allocations among sectors and unused 
apportionments for seasons in the BSAI and Western and Central GOA may 
be redistributed, considering bycatch and optimization of catch by gear 
groups and sectors.
    Moving 20 percent of the BSAI Pacific cod TAC from the first season 
to the second season provides greater dispersion of the harvest and 
limits fishing in the most sensitive period for Steller sea lions. 
Apportioning the BSAI Pacific cod trawl TAC among three seasons shifts 
20 percent of the harvest out of the June through October time period 
compared to 2001 apportionments. Moving 20 percent of the harvest from 
the second half of the year enhances the opportunity for the Pacific 
cod trawl fleet to harvest Pacific cod when it is aggregated, 
optimizing the potential to reach the annual harvest limit. The 
apportionment during the first half of the year is further divided into 
60 percent and 20 percent of the annual TAC.
    Apportioning Pacific cod between two or among three seasons may 
affect the ability of fishermen to fully utilize the TAC for Pacific 
cod. In previous years, a large portion of the Pacific cod TAC was 
taken during the early part of the calendar year. Pacific cod tends to 
aggregate during the early part of the calendar year when it is easier 
to locate and catch. Also, as Pacific cod becomes disaggregated, the 
increased fishing time and effort to catch the same amount of fish 
results in increases in bycatch, which also can affect the success of 
fully utilizing the TAC.
    In the BSAI, the trawl allocations of Pacific cod TAC are further 
allocated to catcher vessels and catcher/processors. The seasonal 
allocation for the Pacific cod trawl catcher vessels is further split 
to 70 percent in the A season, 10 percent in the B season, and 20 
percent in the C season. Pacific cod trawl catcher/processors' portion 
of the TAC is allocated 50 percent in the A season, 30 percent in the B 
season, and 20 percent in the C season. Many of these vessels 
participate in the AFA pollock fishery, which has resulted in the 
dispersion over time of not only pollock but also Pacific cod harvests 
in the BSAI. Rollovers between these sectors will continue to be 
allowed under Sec. 679.20(a)(7)(ii). Regulatory provisions are added by 
this emergency interim rule to allow the rollover of BSAI Pacific cod 
trawl allocations between seasons. Trawl allocations to catcher vessels 
and catcher/processors may continue to be moved between vessel types 
within a season before reallocation to other gear types to allow for 
full optimization of an allocation by the trawl sector during a season. 
These gear allocations will help to further disperse the Pacific cod 
fishery over time and lessen the potential for depletion of prey.
    In the GOA, bycatch of Pacific cod in other groundfish fisheries 
during the time period between the closure of the A season and the 
opening of the B season will be deducted from the B season 
apportionment. This recommendation by the Council is intended to 
optimize the harvest of Pacific cod when it is most vulnerable to 
fishing gear while fully providing for Pacific cod bycatch needs in 
other groundfish fisheries.
    Under this emergency interim rule, Pacific cod harvest by trawl 
gear in the Aleutian Islands critical habitat in areas 542 and 543, 
west of 178 deg. W long. is prohibited during the Atka mackerel HLA 
directed fisheries. (See above discussion of Atka mackerel for the 
definition of the HLA.) This provision reduces potential competition 
for prey posed by concurrent trawl fisheries in critical habitat. It 
also allows for easier management by NMFS of the Atka mackerel fishery 
during the short time period that HLA is open to directed fishing for 
Atka mackerel vessels. Vessels fishing in the HLA during the Atka 
mackerel directed fishing opening will be managed for Atka mackerel 
only, instead of managing directed fisheries for Atka mackerel and 
Pacific cod.

Closed Areas and Management Measures

    The Steller sea lion protection measures include fishery closure 
areas designed to reduce competition with Steller sea lions, consistent 
with the concerns described in the 2001 BiOp. Scientific information 
suggests that the effects of the groundfish fisheries on Steller sea 
lions may be greatest around rookeries and haulouts. Fishing 
prohibitions around rookeries and haulouts is important to the most 
vulnerable Steller sea lions, lactating females, young-of-the-year, and 
juveniles.
    Since publication of critical habitat definitions in 50 CFR 
226.202, NMFS has identified 19 additional haulouts in the BSAI and the 
GOA as areas to be protected from fishery effects similarly to critical 
habitat. The Council recommended and NMFS agreed that the 19 additional 
haulouts should be treated in this manner to provide protection to 
Steller sea lions occurring in areas with the same features as areas 
listed as critical habitat. The majority of these sites had fishing 
prohibitions consistent with those for critical habitat closures sites 
in 2001. Cape Ivakin and Rat Island in the Aleutian Islands are two 
haulouts that are not listed as critical habitat and were not protected 
from fishing activities in 2001 in the same manner as critical habitat 
in the Aleutian Islands. More information and justification for 
including these haulouts is contained in the 2001 BiOp.
    At its November 2001 meeting, the Alaska Board of Fish (BOF) 
accepted Steller sea lion protection measures for the State parallel 
fishery similar to Federal protection measures, with two exceptions. 
State parallel fisheries are open during the same time period as 
Federal directed fisheries in the EEZ.

[[Page 967]]

NMFS deducts harvest amounts which occur during the State parallel 
fisheries from the Federal TACs. Other State-managed groundfish 
fisheries function exclusively under State regulations and management 
policies and are not accounted for by NMFS management. The single 
exception is the State-managed Pacific cod fishery in the Central, 
Western, and Prince William Sound State waters of the GOA. The Federal 
TACs for Pacific cod in the Western and Central districts are reduced 
from the ABCs by the amounts anticipated to be taken in the State-
managed Pacific cod fishery. The State parallel groundfish fisheries 
management plan requires the Commissioner by emergency order to open 
and close parallel seasons and implement gear, time, and area 
restrictions at the same time and in the same manner as Federal 
managers do under the regulations implementing the FMPs. The State 
intends to implement Steller sea lion protection measures in the State 
parallel fisheries regulations that apply to State waters 0 nm to 3 nm 
and in Prince William Sound and Cook Inlet.
    The BOF gave the Commissioner of the Alaska Department of Fish and 
Game emergency order authority to exempt pot fishing for Pacific cod 
within 0-3 nm of Caton Island and Cape Barnabus from the parallel 
fishery closures which are based on Federal rules. Because of the slow 
rate of extraction in the pot fishery and the small amount of Pacific 
cod harvest by this gear sector, NMFS determined through continued 
consultation under section 7 of the ESA that this change to the action 
would not result in any appreciable effects on Steller sea lions not 
previously considered in the 2001 BiOp.
    Four haulout sites listed as critical habitat under 50 CFR 226.202 
occur in the internal waters of Prince William Sound. These sites are 
Pt. Elrington, The Needle, Perry Island, and Pt. Eleanor. Glacier 
Island also occurs in Prince William Sound and is one of the 19 
haulouts not listed as critical habitat. There is no Federal fishery or 
State parallel fishery in this area. The State-managed fisheries are 
closed to pollock trawling from June 1-November 1 from 0 nm to 10 nm 
around Pt. Elrington, The Needle, and Glacier Island. Harvest of 
pollock is also apportioned across three areas of Prince William Sound 
with no more than 40 percent of the total harvest coming from a single 
area. This emergency interim rule includes no protection measures for 
these sites inside State internal waters.
    The protection measures make no changes to the existing 3 nm no-
entry zones around rookeries listed in 50 CFR 223.202. Those sites that 
are subject to the no-entry zones under 50 CFR 223.202 are also listed 
in Table 21 to 50 CFR part 679 for fishing closures. However, persons 
should refer to 50 CFR 223.202 for the appropriate locations of the no-
entry zones. In some cases those locations may be different than 
locations for the same sites that are also listed in Table 21 to 50 CFR 
part 679. NMFS will reconcile any differences between the two sets of 
regulations in the near future. However, until that occurs, persons are 
advised to refer to 50 CFR 223.202 for the proper location of no-entry 
zones and Table 21 to 50 CFR part 679 for proper location of sites for 
fishery closures. Two additional rookeries currently not designated as 
critical habitat are included in Table 21 for groundfish fishing 
closures within 3 nm of the rookeries. These sites are Wooded Island 
and Seal Rocks (Cordova). The 3 nm groundfish fishing closures apply to 
all groundfish fishing vessels and all gear types. The State-managed 
and parallel fisheries through emergency orders and regulations 
prohibit entry and/or groundfish fishing in waters within 3 nm of all 
of the rookeries listed on Table 21.
    The RPA Committee made recommendations for closures around haulouts 
and rookeries dependent on the rate of decline seen at the site and 
historical fishing patterns. In some cases, sites with higher rates of 
decline received greater protection over areas with lower declines. Jig 
vessels are exempt from most of the closure zones beyond 3 nm of 
rookeries and beyond the shore around haulouts. This is due to their 
slow rate of extraction and small number of vessels which prosecute 
these fisheries. Site specific closures are detailed in Tables 21 
through 24 of 50 CFR part 679 and in Sec. 679.22. Closures apply only 
to federally permitted vessels. A summary of area and fishery specific 
closures are as follows:
Groundfish Fishery Closures
    1. All rookeries listed in Table 21 of part 679 are closed to 
directed groundfish fishing with federally permitted vessels using any 
gear type from 0 nm to 3 nm.
    2. Five haulout areas in the Northern Bering Sea are closed to 
directed fishing with federally permitted vessels for pollock, Pacific 
cod, and Atka mackerel with vessels using trawl, pot, or hook-and-line 
gear from 0 nm to 20 nm. These haulouts are Hall Island, Round (Walrus) 
Island, St. Lawrence Island/S. Punuk Island, St. Lawrence Island/SW 
Cape, and Cape Newenham. Historically, only limited fishing has 
occurred for the three prey species near these haulouts, and closures 
offer protection from developing fisheries in this area.
    3. The Seguam foraging area, and the Bogoslof area are closed to 
pollock, Pacific cod, and Atka mackerel fishing by federally permitted 
vessels using any gear types. Catcher vessels less than 60 ft (18.3 m) 
LOA may fish for Pacific cod using hook-and-line or jig gear in the 
Bogoslof Pacific cod exemption area. In addition, critical habitat 
areas around two rookeries and four haulouts in the Chignik area are 
closed to pot, hook-and-line, and trawl fishing for the three species.
Aleutian Island Closures
    1. The Aleutian Islands subarea is closed to pollock fishing by 
federally permitted vessels in 2002. Pollock fishing was prohibited in 
the Aleutian Islands subarea in 2000 and 2001 as part of Steller sea 
lion protection measures. The Council recommended and NMFS agrees with 
the subarea closure in 2002 to allow for additional analysis and 
consideration for opening the AI subarea to pollock fishing outside of 
critical habitat in 2003.
    2. Atka mackerel fishing by federally permitted vessels is 
prohibited in critical habitat east of 178 deg. W long. in the Aleutian 
Islands and Bering Sea subareas. Historically, Atka mackerel has been 
harvested outside of critical habitat east of 178 deg. W long. Because 
of this, the fishery is expected to be able to harvest their allocation 
while providing substantial protection to Steller sea lions. West of 
178 deg. W long., Atka mackerel directed fishing by federally permitted 
vessels is prohibited between 0 nm and 15 nm of Buldir rookery, and 
prohibited between 0 nm and 10 nm of the remaining rookeries. Due to a 
continued steep decline in the population at Buldir greater than 10 
percent, an additional 5 nm protection zone was added. Additionally, 
Buldir is isolated from other near shore foraging locations making it 
more susceptible to local depletions. Atka mackerel directed fishing by 
federally permitted vessesls is also prohibited between 0 nm and 3 nm 
of haulouts west of 178 deg. W long. to protect near shore foraging 
areas.
    3. Pacific cod fishing closure areas for federally permitted 
vessels are dependent on the gear used and location. Hook-and-line and 
pot vessels are prohibited from fishing (1) in critical habitat east of 
173 deg. W long. to the western boundary of the Bogoslof area to reduce 
gear conflicts with trawl

[[Page 968]]

vessels, (2) 0 nm to 10 nm of Buldir rookery, and (3) 0 nm to 20 nm of 
Agligadak rookery. Increased protection around Agligadak is established 
because this site has a high rate of Steller sea lion count declines. 
Due to limited extraction rates by hook-and-line and pot vessels, 
closures are limited to 0 nm to 3 nm around rookeries.
    Pacific cod trawl closures for federally permitted vessels in the 
Aleutian Islands include (1) east of 178 deg. W long. between 0 nm and 
10 nm of rookeries, except Agligadak rookery which is closed 0 nm to 20 
nm, and between 0 nm and 3 nm of haulouts, and (2) west of 178 deg. W 
long., between 0 nm and 20 nm around haulouts and rookeries until the 
Atka mackerel HLA fishery is completed. After the HLA fishery for Atka 
mackerel is closed for the season, Pacific cod trawling is prohibited 0 
nm to 3 nm of haulouts and 0 nm to 10 nm of rookeries. Trawl closures 
are more extensive around haulouts and rookeries due to higher removal 
rates and large extractions by trawl gear. Increased protection around 
Agligadak rookery is established because this site has a high rate of 
Steller sea lion decline.
Bering Sea Closures
    1. Atka mackerel directed fishing by federally permitted vessels is 
prohibited in critical habitat in the Bering Sea subarea. This will 
provide protection to Steller sea lions by reducing the potential for 
competition for Atka mackerel prey.
    2. Pollock directed fishing by federally permitted vessels is 
prohibited (a) between 0 nm and 10 nm of all rookeries and haulouts, 
except four Pribilof haulouts which are closed between 0 nm and 3 nm, 
(b) in the Bering Sea Pollock Restriction area during the A season, and 
(c) non-CDQ trawl catcher/processors are prohibited from fishing in the 
CVOA during the B season (June 10-November 1) to reduce the rate and 
amount of harvest in critical habitat. No Steller sea lions were 
observed during the last NMFS survey of the Pribilof haulouts in 1991; 
therefore, the Council recommended and NMFS concurs that these haulouts 
do not require 10 nm protection zones. The Pribilof Islands 
Conservation Zone described at Sec. 679.22(a)(6) is a trawl closure 
area, which encompasses some of the Steller sea lion critical habitat 
areas. Five haulouts and one rookery are located in the Bering Sea 
Pollock Restriction Area. This area is closed to pollock fishing in the 
A season to provide protection to Steller sea lions in the near shore 
foraging areas during the most critical time of the year.
    3. Pacific cod closures for federally permitted vessels are 
dependent on the type of gear used. Fishing for Pacific cod with 
vessels using trawl gear is prohibited between 0 nm and 10 nm around 
all rookeries and haulouts, except for the four Pribilof haulouts that 
are closed between 0 nm and 3 nm. All hook-and-line and pot gear 
vessels are prohibited from fishing between 0 nm and 3 nm of rookeries 
and haulouts, except the Amak rookery which is closed to hook-and-line 
and pot gear from 0 nm to 7 nm.
    In 2001, the closures around rookeries in the Bering Sea subarea 
were 10 nm for vessels greater than 60 ft (18.3 m) LOA using nontrawl 
gear to harvest Pacific cod. For 2002, closure areas are 3 nm, a 
reduction from the 10 nm based on the lower rate of extraction by 
vessels using nontrawl gear. As stated earlier in the preamble, the 
Bogoslof area is closed to pollock, Pacific cod, and Atka mackerel 
directed fishing. The rest of the Bering Sea subarea, except within 3 
nm of rookeries, has been open to Pacific cod nontrawl fisheries during 
the same time period that the non-pup counts have been increasing. 
Regardless, for the Bering Sea subarea, an amount of critical habitat 
closure was the target for designing the protection measures that apply 
to the Pacific cod nontrawl fisheries. Large amounts of this target 
were accounted for in the closures of the northern haulouts and the 
Bogoslof area. Amak rookery is closed out to 7 nm. The extension beyond 
3 nm was important to reach an annual BS subarea critical habitat 
closure amount based on the total area.
    A small exemption area was established in the southern portion of 
the Bogoslof area for catcher vessels less than 60 ft (18.3 m) LOA 
using hook-and-line or jig gear for directed fishing for Pacific cod. 
This area includes all water of the Bering Sea south of a line 
connecting a point 3 nm north of Bishop Pt. to Cape Tanak. The Bishop 
Pt. 10 nm closure area remains in effect for these vessels in the 
Bogoslof area. The amount of Pacific cod harvested from the exemption 
area is limited to 113 mt to minimize the possibility of localized 
depletion of Pacific cod. This exemption will allow a small number of 
vessels from the Dutch Harbor area a relatively safe location to 
harvest Pacific cod and will reduce the potential for gear conflicts 
east of Bishop Pt. These vessels have limited opportunities because 
there is no Pacific cod State-managed fishery in the Dutch Harbor area, 
and some vessels are constrained by their license limitation permit 
from fishing in Gulf of Alaska waters.
    A 0-10 nm closure is also established around Bishop Pt. and Reef/
Lava haulouts for vessels greater than or equal to 60 ft (18.3 m) LOA 
using hook-and-line gear. This restriction was added to reduce the 
possibility of gear conflicts between hook-and-line and pot vessels in 
the Pacific cod fishery and to provide added protection to Steller sea 
lions by reducing fishing effort near these haulouts.
Gulf of Alaska Closures
    1. Atka mackerel directed fishing by federally permitted vessels is 
prohibited in the GOA subarea. Biomass has been insufficient to support 
a directed fishery for the past several years.
    2. Pollock and Pacific cod directed fishing by federally permitted 
vessels using trawl gear is closed between 0 nm and 10 nm or 20 nm 
around most haulouts and rookeries year round. Exceptions include: (a) 
Marmot Island rookery is closed between 0 nm and 15 nm during the first 
half of the year and between 0 nm and 20 nm during the second half of 
the year, (b) Gull Point and Ugak Island are closed between 0 nm and 3 
nm in the second half of the year, (c) Cape Barnabus, Cape Ikolik, 
Mitrofania, Spitz, Whaleback, Sea Lion Rocks, Mountain Point, Castle 
Rock, and Canton haulouts are closed between 0 nm and 3 nm, and (d) 
Pinnacle Rocks rookery is closed between 0 nm and 3 nm.
    Marmot Island is closed between 0 nm and 15 nm in the first half of 
the year to allow the pollock fishing fleet access to pollock that are 
likely to have roe and are more valuable. Marmot Island is closed 
between 0 nm and 20 nm in the second half of the year. Closures are 
reduced to 3 nm around a number of sites in the GOA year round or for 
the B season to provide opportunities for fishing by small, local trawl 
fleets that have historically fished near these sites in consideration 
of national standard 8 of the Magnuson-Stevens Act. These sites are 
located in areas that have lower rates of decline for non-pups since 
1991 than other areas of the GOA. The rate of extraction by the small 
vessel trawl fleet is expected to be small enough to avoid any 
localized depletion of prey for Steller sea lions.
    3. Directed fishing for Pacific cod with federally permitted 
vessels using hook-and-line or pot gear is prohibited: (a) 0 nm to 10 
nm or 20 nm of all rookeries except for Seal Rocks, Wooded Island, 
Atkins, Chernabura, Clubbing Rocks, and Pinnacle Rock which are closed 
0 nm to 3 nm; (b) 0 nm to 20 nm around Sutwik, Nagai Rocks, Lighthouse 
Rocks, and Kak haulouts; (c) 0 nm to 3 nm around Cape Barnabus, Cape 
Ikolik,

[[Page 969]]

Mitrofania, Spitz, Whaleback, Sea Lion Rocks, Mountain Point, Castle 
Rock, and Canton haulouts; (d) 0 nm to 10 nm around haulouts between 
170 deg. W and 164 deg.30'00" W long. for hook-and-line; and (e) 0 nm 
to 20 nm around haulouts between 170 deg. W and 164 deg.30'00" W long. 
for pot gear.
    Closures around sites in the area of Chignik are to 20 nm to 
increase the overall closure area for the GOA. This area also has one 
of the higher rates of Steller sea lion non-pup count declines in the 
GOA since 1991, making it an area of greater potential sensitivity to 
fishing activities. In accordance with national standard 8 of the 
Magnuson-Stevens Act, sustained participation of the communities in the 
Pacific cod fishery in this area was considered by the RPA Committee 
and Council. Historically, Pacific cod available in the State-managed 
fishery has not been fully harvested. Even with the Federal fishery 
closure, opportunity still exists for Pacific cod fishing with vessels 
using pot or jig gear under the State-managed fishery. With these gear 
type fisheries available under the State of Alaska managed fishery and 
jig fishing available under the Federal fishery, the closure of this 
area should not pose excessive economic hardship on the residents of 
the small communities which use these fishing grounds.

Vessel Monitoring Systems

    To ensure vessels are complying with area restrictions, Sec. 679.7 
prohibits all vessels permitted to directed fish for Pacific cod, 
pollock, or Atka mackerel with trawl, hook-and-line, or pot gear from 
directed groundfish fishing or fishing for halibut IFQ unless they have 
an operable VMS at all times that the Atka mackerel, Pacific cod, or 
pollock directed fisheries they have permits for are open. This is 
necessary to meet one of the reasonable and prudent measures detailed 
in the 2001 BiOp requiring that NMFS have the capability to detect 
illegal fishing activity inside closed areas. Halibut IFQ is included 
in the prohibition because many Pacific cod vessels may also be used 
for halibut IFQ fishing and not just groundfish harvest. This emergency 
interim rule makes this requirement effective 1200 hours, A.l.t., June 
10, 2002, to allow the vessel owners time to purchase and install VMS 
equipment. The Atka mackerel fishing fleet is currently equipped with 
VMS, as required by Sec. 679.7(c)(3). Jig vessels are exempt from this 
requirement due to the fact they generally are not restricted except 
within 3 nm of rookeries (no fishing zones in Table 21 to 50 CFR part 
679) and in the Seguam foraging and Bogoslof areas. Before groundfish 
fishing, vessel owners will also be required to inform NMFS of the VMS 
transponder ID number and the vessel on which the transponder will be 
used so that equipment operation can be confirmed.

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 pollock school dynamics and the likelihood of localized 
depletions. The experiment includes the closure of Chiniak Gully to 
trawl fishing from August 1 to no later than September 20. 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). This experiment was 
implemented by emergency interim rule in 2001 (66 FR 37167, July 17, 
2001). This emergency interim rule continues the implementation of this 
experiment including trawl closures necessary to conduct the 
experiment.

National Standards

    A summary of how this action addresses relevant national standards 
under the Magnuson-Stevens Act follows. The Assistant Administrator for 
Fisheries finds that the Steller sea lion protection measures 
recommended by the Council meet the applicable national standards.
    National Standard 1. Achieving optimum yield while preventing 
overfishing. The harvesting of pollock, Atka mackerel, and Pacific cod 
will be controlled so that directed fishing will stop if the biomass 
falls to below 20 percent of the unfished projected biomass. This will 
ensure that prey is available to Steller sea lions and that fish stocks 
may be maintained for optimal yield without the likelihood of 
overfishing. NMFS determined in the 2001 BiOp that the harvest control 
in this emergency interim rule is protective of Steller sea lions and 
their designated critical habitat and is consistent with this national 
standard.
    National Standard 2. Use of best scientific information available. 
NEPA and ESA analyses of this action were based on the latest reliable 
information available regarding Steller sea lion mortality, diet, 
foraging behavior, count data, and recent scientific review of the 
Comprehensive BiOp and the draft 2001 BiOp. The RPA Committee and 
Council carefully considered these analyses during the development of 
their recommendations for Steller sea lion protection measures. The 
standard has been met because NMFS used the best available scientific 
information, meeting this national standard.
    National Standard 3. Manage an individual stock of fish or 
interrelated stocks of fish as a unit throughout its range. Groundfish 
stocks are continuing to be managed under the Steller sea lion 
protection measures as units based on species and occurrence, and stock 
assessment information continues to be used in these management 
decisions. NMFS also works closely with the State of Alaska in managing 
fish stocks that occur across Federal and State waters as individual 
units. As an example, GOA Pacific cod acceptable biological catch (ABC) 
accommodates both a Federal fishery and a State-managed cod fishery. 
Further, the State opens and closes State waters consistent with the 
management of the groundfish fisheries in Federal waters.
    National Standard 4. Fair and equitable allocation to individuals, 
corporations, or other entities. The RPA Committee was comprised of 
representatives from different regions and types of fisheries so that 
differential effects of changes to pollock, Pacific cod, and Atka 
mackerel were considered as the Steller sea lion protection measures 
were developed. The draft SEIS and public comments from fishing 
industry representatives and communities also were considered by the 
RPA Committee and Council before finalizing recommended protection 
measures. This allowed the RPA committee and Council to consider the 
impacts of the protection measures on different sectors of the fishing 
industry and on different communities and to take steps to fairly 
distribute the impacts so that no one sector or community suffered an 
excessive adverse economic impact. NMFS determined through SEIS 
analysis that the process described above provided recommendations that 
led to fair and equitable allocation of the impacts of the protection 
measures.
    National Standard 5. Efficiency of using fishery resources. The RPA 
Committee and Council considered the efficiency of using the fishing 
resources when developing the Atka mackerel platooning management, and 
for setting closure areas and seasons for the pollock, Atka mackerel, 
and Pacific cod fisheries. Within the limitations of protection 
measures, the fisheries

[[Page 970]]

management measures were developed to ensure that as much of the 
available TAC as possible could be harvested with the least amount of 
effort. NMFS has determined that fishing will take place in a manner 
that protects Steller sea lions and their critical habitat and 
minimizes disruption to fisheries and allows for efficient use of 
resources.
    National Standard 6. Consideration of variations among and 
contingencies in fisheries, fishery resources, and catches. The RPA 
Committee process ensured that the Steller sea lion protection measures 
were developed with understanding of the variations in fishing 
activities in the different areas and for different species and 
variations in the abundance of different fish stocks in different 
areas. NMFS determined that the protection measures were developed 
taking variations into consideration, consistent with this national 
standard.
    National Standard 7. Minimize cost and avoid unnecessary 
duplication. The economic analysis in the SEIS for the Steller sea lion 
protection measures shows that the protection measures in this 
emergency interim rule minimized the cost to the industry while 
protecting Steller sea lions and their critical habitat. Based on the 
SEIS analysis, NMFS determined that the protection measures are 
consistent with this national standard.
    National Standard 8. Consider the importance of fishing resources 
to fishing communities. Part of the SEIS analysis included 
socioeconomic impacts of the action and alternatives on small 
communities. Several provisions in the protection measures allow small 
vessels and vessels with nontrawl gear to fish near their home ports to 
ensure small community access to the fishing resources. Provisions in 
the protection measures also allow for fishing opportunities for small 
coastal communities in Alaska by providing for year long Atka mackerel 
fishing seasons and by allowing access to fishing areas used by these 
communities.
    At its October 2001 meeting, the Council did recognize that its 
preferred alternative would impose costs and burdens, particularly on 
some small coastal communities and associated fishing fleets. The 
Council expressed its intent to explore management measures intended to 
provide further relief to these sectors, yet meet the requirements of 
applicable law. Council consideration of these measures is scheduled 
for its April 2002 meeting. NMFS determined that the impact of the 
protection measures in this emergency interim rule on fishing 
communities was considered in developing the Council's recommendation, 
consistent with this national standard.
    National Standard 9. Reduce bycatch. In designing the protection 
measures, the RPA Committee considered areas and timing of fishing to 
address concerns about potential increases in bycatch in the Atka 
mackerel, pollock, and Pacific cod fisheries. The Atka mackerel 
additional harvest in the harvest limit area in 2002 is expected to 
reduce the amount of rockfish bycatch, normally encountered outside of 
critical habitat. Salmon bycatch will be evaluated in 2002 as the SCA 
is opened where salmon bycatch is known to occur, but the pollock 
fishing industry is implementing incentive measures to reduce bycatch. 
The regulations will continue to have bycatch closure areas for crab, 
herring, and salmon and prohibited species catch limits as detailed in 
Part II of this preamble. NMFS has determined through SEIS analysis 
that the protection measures minimize bycatch to the extent possible 
while providing protection to Steller sea lions and minimizing adverse 
economic impacts on the fisheries.
    National Standard 10. Safety. Several provisions in the protection 
measures allow small vessels to fish near their home ports or in near 
shore waters that are more protected from bad weather than off shore 
waters. Some examples include the Bogoslof Pacific cod exemption area 
and Pacific cod nontrawl fishery in the Sand Point and King Cove area 
near haulouts.

Part II. Specifications

    The FMP and its implementing regulations require NMFS, after 
consultation with the Council, to specify annually the TAC for each 
target species and for the ``other species'' category, the sum of which 
must be within the optimum yield range of 1.4 million to 2.0 million 
metric tons (mt) for the BSAI and within the optimum yield range of 
116,000 mt to 800,000 mt for the GOA (Sec. 679.20(a)(1)).
    NMFS is establishing the 2002 TAC specifications for the BSAI and 
GOA by this emergency interim rule. The normal procedure of publishing 
proposed, interim, and final TAC specifications was not followed in 
2002 because the information needed to establish the harvest 
specifications did not become available until mid-November and the 
Council recommendations were not received by NMFS until December 11, 
2001. Analysis of the action and the preparation of the Federal 
Register notification could not be completed until the Council 
recommendations were received for the final specifications as well as 
the Steller sea lion protection measures, of which the specifications 
are an integral part and must be in place by January 1, 2002, to allow 
the orderly commencement of the 2002 groundfish fisheries. Accordingly, 
it is impracticable to provide prior notice and an opportunity for 
public comment, or to delay for 30 days the effective date of this 
rule. Further, it would be contrary to the public interest to delay the 
start of the season to allow for prior notice, an opportunity for 
public comment, and for a 30-day delay in the effective date.
    This emergency interim rule includes the following provisions for 
the BSAI and GOA: (1) AFA measures; (2) specifications of overfishing 
level (OFL), ABC, and TAC for each groundfish species category; (3) 
apportionments of reserves; (4) allocations of the sablefish TAC to 
vessels using hook-and-line and trawl gear; (5) apportionments of 
pollock TAC among regulatory areas, seasons, and allocations among 
different industry sectors including Bering Sea fishery cooperatives; 
(6) apportionments of Pacific cod TAC among regulatory areas, seasons, 
and allocations among different industry sectors; (7) apportionment of 
Atka mackerel in the BSAI among seasons, gear, and regulatory areas; 
(8) PSC limits; (9) fishery and seasonal apportionments of the Pacific 
halibut PSC limits; (10) fishery apportionments of other PSC limits in 
the BSAI; (11) Pacific halibut assumed discard mortality rates; (12) 
groundfish harvest and PSC limitations for AFA vessels; (13) closures 
to directed fishing for specified groundfish targets; (14) AFA measures 
for inshore and offshore component participation, crab harvesting, and 
observer requirements; and (15) an increase in the contribution of 
arrowtooth flounder to the CDQ non-specific reserve. A discussion of 
these measures follows.

AFA Measures

    AFA prohibitions on crab harvesting and processing are continued 
with this emergency interim rule. In Sec. 679.7, catcher vessels must 
have a sideboard endorsement for BSAI crab to retain crab and can not 
exceed the processing limits. These prohibitions are necessary to limit 
the advantage of AFA pollock fishery participants over open access crab 
fishery participants.
    Another AFA measure maintained with this emergency interim rule 
under Sec. 679.7 is prohibiting the participation in both the inshore 
and offshore component during a fishing year. This is necessary to 
maintain the Council's inshore and offshore policy of harvest 
allocation in the GOA.

[[Page 971]]

    Observer coverage requirements for AFA vessels in 
Sec. 679.50(c)(4)(vi) are continued with this emergency interim rule to 
maintain consistency between observer requirements in the CDQ fishery 
and the AFA fishery where the same vessels are used and the same level 
of observer coverage is needed. This will allow for smoother 
transitions between the two types of fisheries.

Acceptable Biological Catch (ABC) and TAC Specifications

    The final ABC levels are based on the best available scientific 
information, including projected biomass trends, information on assumed 
distribution of stock biomass, and revised technical methods used to 
calculate stock biomass. The FMPs specify the formulas, or tiers, to be 
used in computing ABCs and overfishing levels. The formulas applicable 
to a particular stock or stock complex are determined by the level of 
reliable information available to fishery scientists. This information 
is categorized into a successive series of six tiers.
    In December 2001, the Scientific and Statistical Committee (SSC), 
Advisory Panel (AP), and Council reviewed current biological 
information about the condition of groundfish stocks in the BSAI and 
GOA. This information was compiled by the Council's Plan Teams and is 
presented in the final 2002 SAFE reports for the BSAI and GOA 
groundfish fisheries, dated November 2001 (See ADDRESSES). The SAFE 
reports contain a review of the latest scientific analyses and 
estimates of each species' biomass and other biological parameters, as 
well as summaries of the available information on the BSAI and GOA 
ecosystem and the economic condition of groundfish fisheries off 
Alaska. From these data and analyses, the Plan Teams estimate an ABC 
for each species or species category.
    The Council considered the ecological, socioeconomic, and ecosystem 
information in the SAFE reports, recommendations from its SSC and AP, 
as well as public testimony when recommending ABCs and TACs at its 
December 2001 meeting.
    The final specifications are set forth in Tables 3 through 29 of 
this action. For 2002, the sum of TACs is 2 million mt in the BSAI and 
237,890 mt in the GOA.

Bering Sea and Aleutian Islands Management Area

    In December 2001, the SSC, AP, and Council reviewed the BSAI Plan 
Team's recommendations for OFL and ABC levels. Except for Bogoslof 
pollock, and the ``other species'' category, the SSC, AP, and Council 
endorsed the Plan Team's ABC recommendations. Based on the best 
available information, the SSC recommended a lower ABC for Bogoslof 
pollock and a slightly higher ABC for the ``other species'' category 
than the Plan Team recommended. For Bogoslof pollock, the SSC agrees 
with the Plan Team recommended ABC. The Plan Team recommended splitting 
the ``other species'' category into sculpins, skates, sharks and 
octopus with individual group ABCs based on mean catch since 1977. The 
SSC disagreed with this approach and recommended calculating the 
individual group ABCs, summing these ABCs to form an aggregate maximum 
allowable ABC and scaling the ABC down to be closer to recent TACs for 
the complex. For all species, the AP endorsed the ABCs recommended by 
the SSC, and the Council adopted the AP's recommendations.
    The Council's TAC recommendations were based on the ABCs as 
adjusted for other biological and socioeconomic considerations, 
including maintaining the total TAC within the required OY range of 1.4 
million to 2.0 million mt. The Council adopted the AP's TAC 
recommendations.
    Through 2000, the ``other red rockfish'' complex was comprised of 
northern, sharpchin, rougheye, and shortraker rockfish in the Bering 
Sea subarea. In the Aleutian Islands subarea, this complex was split 
out into two groups comprised of northern/sharpchin and rougheye/
shortraker rockfish. For 2002, the Council recommended species-specific 
BSAI OFLs and ABCs for each species in the ``other red rockfish'' 
complex to reduce the potential for one species to be fished 
disproportionately to its abundance and resulting in overfishing 
concerns. The Council also recommended that sharpchin rockfish, which 
were previously included in the ``other red rockfish'' complex, be 
moved into the ``other rockfish'' complex.
    NMFS agrees with these recommendations, but will not be able to 
implement all of them in 2002 due to monitoring constraints in the 
hook-and-line gear fisheries. Shortraker and rougheye rockfish are 
reported by observers using a group species code, which, under current 
observer procedures, cannot be separated into specific species and 
incorporated into routine observer reports prior to the 2002 fishing 
year. Thus NMFS is modifying the Council's recommendation and is 
establishing BSAI wide OFL and ABC amounts for northern and rougheye/
shortraker rockfish. The Bering Sea subarea and Aleutian Islands 
subarea now will be managed for CDQ and non-CDQ with one TAC group for 
shortraker/rougheye rockfish, a separate TAC for northern rockfish, and 
sharpchin rockfish will join the ``other rockfish'' category. Changing 
the Bering Sea and Aleutian Islands subareas ``other red rockfish'' 
complex in this manner addresses overfishing concern by decreasing the 
TAC amounts. The final ABCs as recommended by the Council and modified 
and approved by NMFS are listed in Table 3.
    As in 2001, for the CDQ fisheries, NMFS is combining the northern 
and shortraker/rougheye rockfish in the Bering Sea into the ``other red 
rockfish'' species category. The CDQ reserves for rockfish are 7.5 
percent of the TAC. If CDQ reserves were specified for the two rockfish 
TAC categories, they would be 1.4 mt for Bering Sea northern rockfish 
and 8.7 mt for Bering Sea shortraker/rougheye rockfish. If these CDQ 
reserves were further divided among the six CDQ groups, the northern 
rockfish CDQ amounts available to each group would be between 100 kg 
and 325 kg. NMFS recommends not splitting out the CDQ reserves to the 
individual species group because these small quotas could prevent the 
CDQ groups from harvesting much of their other groundfish CDQs. 
Therefore, to avoid premature closure of the CDQ fisheries, NMFS will 
continue to specify the CDQ reserve for the Bering Sea ``other red 
rockfish'' complex. The CDQ reserve for this complex will be calculated 
as the sum of an amount equal to 7.5 percent of the TAC for Bering Sea 
shortraker/rougheye plus 7.5 percent of the TAC for northern rockfish, 
for a total of 10 mt to the CDQ reserve for the ``other red rockfish'' 
complex.
    None of the Council's recommended TACs for 2002 exceeds the final 
ABC for any species category. NMFS finds that the Council's recommended 
TACs are consistent with the biological condition of groundfish stocks 
as described in the 2002 SAFE document and approves them with the 
exception of the ``other red rockfish'' complex. NMFS has modified the 
Council's TAC recommendations for this complex as described above to 
accommodate monitoring and reporting constraints.
    For 2002, the Plan Team recommended and the AP, SSC, and NMFS 
agreed to separate Alaska plaice from the ``other flatfish'' category. 
Because 85 percent of the ``other flatfish'' category is Alaska plaice 
and the ABC and OFL are calculated separately for Alaska plaice and the 
remaining ``other flatfish'' species, the Plan Team recommended setting 
the

[[Page 972]]

ABC and OFL for Alaska plaice separately from the ``other flatfish'' 
species.
    Table 3 lists the 2002 OFL, ABC, TAC, initial TAC (ITAC) which is 
the TAC minus the reserves, and CDQ reserve amounts, overfishing 
levels, and initial apportionments of groundfish in the BSAI. The 
apportionment of TAC amounts among fisheries and seasons is discussed 
below.

 Table 3.--2002 Acceptable Biological Catch (ABC), Total Allowable Catch (TAC), Initial TAC (ITAC), CDQ Reserve
     Allocation, and Overfishing Levels of Groundfish in the Bering Sea and Aleutian Islands Area (BSAI) \1\
                                        [All amounts are in metric tons]
----------------------------------------------------------------------------------------------------------------
                                                 Overfishing                                         CDQ reserve
           Species                   Area           level         ABC          TAC        ITAC \2\       \3\
----------------------------------------------------------------------------------------------------------------
Pollock \4\..................  Bering Sea (BS).    3,530,000    2,110,000    1,485,000    1,283,040      148,500
                               Aleutian Islands       31,700       23,800        1,000          900          100
                                (AI).
                               Bogoslof               46,400        4,310          100           90           10
                                District.
Pacific cod..................  BSAI............      294,000      223,000      200,000      170,000       15,000
Sablefish \5\................  BS..............        2,900        1,930        1,930          821          265
                               AI..............        3,850        2,550        2,550          541          431
Atka mackerel................  BSAI............       82,300       49,000       49,000       41,650        3,675
                               Western AI......                    19,700       19,700       16,745        1,478
                               Central AI......                    23,800       23,800       20,230        1,785
                               Eastern AI/BS...                     5,500        5,500        4,675          413
Yellowfin sole...............  BSAI............      136,000      115,000       86,000       73,100        6,450
Rock sole....................  BSAI............      268,000      225,000       54,000       45,900        4,050
Greenland turbot.............  BSAI............       36,500        8,100        8,000        6,800          600
                               BS..............                     5,427        5,360        4,556          402
                               AI..............                     2,673        2,640        2,244          198
Arrowtooth flounder..........  BSAI............      137,000      113,000       16,000       13,600        1,200
Flathead sole................  BSAI............      101,000       82,600       25,000       21,250        1,875
Other flatfish \6\...........  BSAI............       21,800       18,100        3,000        2,550          225
Alaska plaice................  BSAI............      172,000      143,000       12,000       10,200          900
Pacific ocean perch..........  BSAI............       17,500       14,800       14,800       12,580        1,111
                               BS..............                     2,620        2,620        2,227          197
                               AI Total........                    12,180       12,180       10,353          914
                               Western AI......                     5,660        5,660        4,811          425
                               Central AI......                     3,060        3,060        2,601          230
                               Eastern AI......                     3,460        3,460        2,941          260
Northern rockfish \7\........  BSAI............        9,020        6,760        6,760        5,746
                               BS..............                                     19           16        (\7\)
                               AI..............                                  6,741        5,730          506
Shortraker/Rougheye \7\......  BSAI............        1,369        1,028        1,028          874
                               BS..............                                    116           99        (\7\)
                               AI..............                                    912          775           68
Other rockfish \8\...........  BS..............          482          361          361          307           27
                               AI..............          901          676          676          575           51
Squid........................  BSAI............        2,620        1,970        1,970        1,675
Other species \9\............  BSAI............       78,900       39,100       30,825       26,201        2,312
                                                ----------------------------------------------------------------
    Total....................    ..............    4,974,242    3,184,085    2,000,000    1,717,399     187,504
----------------------------------------------------------------------------------------------------------------
\1\ Amounts are in metric tons. These amounts apply to the entire Bering Sea (BS) and Aleutian Islands (AI)
  management area unless otherwise specified. With the exception of pollock, and for the purpose of these
  specifications, the Bering Sea subarea includes the Bogoslof District.
\2\ Except for pollock, squid, and the portion of the sablefish TAC allocated to hook-and-line or pot gear, 15
  percent of each TAC is put into a reserve. The ITAC for each species is the remainder of the TAC after the
  subtraction of the reserve.
\3\ Except for pollock and the hook-and-line or pot gear allocation of sablefish, one half of the amount of the
  TACs placed in reserve, or 7.5 percent of the TACs, is designated as a CDQ reserve for use by CDQ participants
  (see Sec.  679.31).
\4\ The American Fisheries Act (AFA) requires that 10 percent of the annual pollock TAC be allocated as a
  directed fishing allowance for the CDQ sector. NMFS then subtracts 4 percent of the remainder as an incidental
  catch allowance of pollock, which is not apportioned by season or area. The remainder is further allocated by
  sector as follows: inshore, 50 percent; catcher/processor, 40 percent; and motherships, 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.
\5\ The ITAC for sablefish reflected in Table 3 is for trawl gear only. Regulations at Sec.  679.20(b)(1) do not
  provide for the establishment of an ITAC for the hook-and-line or pot gear allocation for sablefish. Twenty
  percent of the sablefish TAC allocated to hook-and-line gear or pot gear and 7.5 percent of the sablefish TAC
  allocated to trawl gear is reserved for use by CDQ participants (see Sec.  679.31(c)).
\6\ ``Other flatfish'' includes all flatfish species, except for Pacific halibut (a prohibited species),
  flathead sole, Greenland turbot, rock sole, yellowfin sole, arrowtooth flounder, and Alaska Plaice.
\7\ The CDQ reserves for shortraker, rougheye, and northern rockfish will continue to be managed as the ``other
  red rockfish'' complex for the BS. For 2002 the CDQ reserve for the ``other red rockfish'' complex is 10 mt.
\8\ ``Other rockfish'' includes all Sebastes and Sebastolobus species except for Pacific ocean perch, northern,
  shortraker, and rougheye rockfish.
\9\ ``Other species'' includes sculpins, sharks, skates and octopus. Forage fish, as defined at Sec.  679.2, are
  not included in the ``other species'' category.


[[Page 973]]

Reserves and the Pollock Incidental Catch Allowance (ICA)

    Regulations at Sec. 679.20(b)(1)(i) require that 15 percent of the 
TAC for each target species or species group, except for the hook-and-
line and pot gear allocation of sablefish, be placed in a non-specified 
reserve. The AFA supersedes this provision for pollock by requiring 
that the 2002 TAC for this species be fully allocated among the CDQ 
program, the ICA, inshore, catcher/processor, and mothership directed 
fishery allowances.
    Regulations at Sec. 679.20(b)(1)(iii) require that one-half of each 
TAC amount placed in the non-specified reserve, with the exception of 
squid, be allocated to the groundfish CDQ reserve and that 20 percent 
of the hook-and-line and pot gear allocation of sablefish be allocated 
to the fixed gear sablefish CDQ reserve. Section 206(a) of the AFA 
requires that 10 percent of the pollock TAC be allocated to the pollock 
CDQ reserve. With the exception of the hook-and-line and pot gear 
sablefish CDQ reserve, the regulations do not further apportion the CDQ 
reserves by gear. Regulations at Sec. 679.21(e)(1)(i) also require that 
7.5 percent of each PSC limit, with the exception of herring, be 
withheld as a prohibited species quota (PSQ) reserve for the CDQ 
fisheries. Regulations governing the management of the CDQ and PSQ 
reserves are set forth at Secs. 679.30 and 679.31.
    Under section 206(b) of the AFA, NMFS allocates a pollock ICA of 4 
percent of the pollock TAC after subtraction of the 10 percent CDQ 
reserve. This is unchanged from the 4 percent ICA specified for 2001. 
The 2002 allowance is based on an examination of the incidental catch 
of pollock in non-pollock target fisheries from 1997 through 2001. 
During this 4-year period, the incidental catch of pollock ranged from 
a low of 3 percent in 1998 to a high of about 6 percent in 1997, with a 
4-year average of 4 percent. In 2001, the actual incidental catch was 
only 3 percent of the TAC which resulted in 12,000 mt of pollock 
reallocated to the directed fishing allowance for non-CDQ fisheries in 
the fall (66 FR 49146, September 26, 2001). Based on this experience, 
NMFS believes that a 2002 ICA of 4 percent is appropriate, because the 
biomass has increased for 2002 to 2.1 million tons and there is the 
potential for increased bycatch of pollock in other groundfish 
fisheries.
    The regulations do not designate the remainder of the non-specified 
reserve by species or species group, and any amount of the reserve may 
be reapportioned to a target species or to the ``other species'' 
category during the year, providing that such reapportionments do not 
result in overfishing. The Regional Administrator has determined that 
the ITACs specified for the species listed in Table 4 need to be 
supplemented from the non-specified reserve because U.S. fishing 
vessels have demonstrated the capacity to harvest the full TAC 
allocations. Therefore, in accordance with Sec. 679.20(b)(3), NMFS is 
apportioning the amounts shown in Table 4 from the non-specified 
reserve to increase the ITAC to an amount that is equal to TAC minus 
the CDQ reserve.

         Table 4.--Apportionment of Reserves to ITAC Categories
                    [All amounts are in metric tons]
------------------------------------------------------------------------
        Species--area or subarea          Reserve amount    Final ITAC
------------------------------------------------------------------------
Atka mackerel--Western Aleutian District           1,478          18,223
Atka mackerel--Central Aleutian District           1,785          22,015
Atka mackerel--Eastern Aleutian District             413           5,088
 and Bering Sea subarea.................
Pacific ocean perch--Western Aleutian                425           5,236
 District...............................
Pacific ocean perch--Central Aleutian                230           2,831
 District...............................
Pacific ocean perch--Eastern Aleutian                260           3,201
 District...............................
Pacific cod--BSAI.......................          15,000         185,000
Northern rockfish--Aleutian Islands                  506           6,236
 subarea................................
Shortraker/Rougheye rockfish--Aleutian                68             843
 Islands subarea........................
Greenland turbot--Bering Sea subarea....             402           4,958
Greenland turbot--Aleutian Islands                   198           2,442
 subarea................................
                                         -------------------------------
    Total...............................          20,765         256,076
------------------------------------------------------------------------

Pollock Allocations Under the AFA

    Section 206(a) of the AFA requires the allocation of 10 percent of 
the BSAI pollock TAC as a directed fishing allowance to the CDQ 
program. The remainder of the BSAI pollock TAC, after the subtraction 
of an allowance for the incidental catch of pollock by vessels, 
including CDQ vessels, harvesting other groundfish species, must be 
allocated as follows: 50 percent to catcher vessels harvesting pollock 
for processing by the inshore component, 40 percent to catcher/
processors and catcher vessels harvesting pollock for processing by 
catcher/processors in the offshore component, and 10 percent to catcher 
vessels harvesting pollock for processing by motherships in the 
offshore component. These amounts are listed in Table 5.
    The AFA also contains several specific requirements concerning 
pollock and pollock allocations. First, paragraph 210(c) of the AFA 
requires that not less than 8.5 percent of the pollock allocated to 
vessels for processing by offshore catcher/processors be available for 
harvest by offshore catcher vessels listed in section 208(b) harvesting 
pollock for processing by offshore catcher/processors listed in 
paragraph 208(e). Second, paragraph 208(e)(21) of the AFA specifies 
that catcher/processors eligible to fish for pollock under such 
paragraph are prohibited from harvesting in the aggregate a total of 
more than one-half of a percent (0.5 percent) of the pollock allocated 
to vessels for processing by offshore catcher/processors. Third, 
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. Other 
provisions of the AFA, including inshore pollock cooperative 
allocations and AFA harvest limitations are discussed later in this 
section. Table 5 lists the 2001 allocations of pollock TAC as described 
by the AFA.

[[Page 974]]

SCA Harvest Limits

    The harvest within the SCA, as defined at Sec. 679.22(a)(11), is 
limited to 28 percent of the annual directed fishing allowance (DFA) 
until April 1. The remaining 12 percent of the annual DFA allocated to 
the A season may be taken outside of the SCA before April 1 or inside 
the SCA after April 1. If the 28 percent of the annual DFA is not taken 
inside the SCA before April 1, the remainder is available to be taken 
inside the SCA after April 1. The A season pollock SCA harvest limit 
will be apportioned to each industry sector in proportion to each 
sector's allocated percentage of the DFA as set forth in the AFA. These 
amounts, by sector, are listed in Table 5.

Table 5.--Allocations of the Pollock TAC and Directed Fishing Allowance (DFA) to the Inshore, Catcher/Processor,
                                        Mothership, and CDQ Components 1
                                        [All amounts are in metric tons]
----------------------------------------------------------------------------------------------------------------
                                                                    A Season 1             B Season 1,2
                                                                 -----------------------------------------------
                 Area and sector                     2002 DFA     A DFA  (40% of                   B DFA (60% of
                                                                    annual DFA)     SCA limit 3     annual DFA)
----------------------------------------------------------------------------------------------------------------
Bering Sea subarea..............................       1,485,000         594,000  ..............         891,000
    CDQ.........................................         148,500          59,400          41,580          89,100
    ICA4........................................          53,460  ..............  ..............  ..............
    AFA Inshore.................................         641,520         256,608         179,626         384,912
    AFA C/Ps 5..................................         513,216         205,286         143,700         307,930
        Catch by C/Ps...........................         469,593         187,837  ..............         281,756
        Catch by CVs 5..........................          43,623          17,449  ..............          26,174
            Restricted C/P cap 6................           2,566           1,026  ..............           1,540
    AFA Motherships.............................         128,304          51,322          35,925          76,982
    Excessive shares cap 7......................         224,532  ..............  ..............  ..............
Aleutian Islands:
    ICA 8.......................................             900
Bogoslof District:
    ICA 8.......................................             90
----------------------------------------------------------------------------------------------------------------
1 After subtraction for the CDQ reserve and the incidental catch allowance, the pollock TAC is allocated as a
  DFA 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 season, January 20--June 10, is allocated 40 percent of the DFA and the B
  season, June 10--November 1 is allocated 60 percent of the DFA.
2 This emergency interim rule expires on July 8, 2002, before the B season will conclude. Therefore, the B
  season is not fully authorized unless the emergency interim rule is extended.
3 The SCA limits harvest to 28 percent of each sectors annual DFA until April 1. The remaining 12 percent of the
  annual DFA allocated to the A season may be taken outside of the SCA before April 1 or inside the SCA after
  April 1. If the 28 percent of the annual DFA is not taken inside the SCA before April 1, the remainder is
  available to be taken inside the SCA after April 1.
4 The pollock incidental catch allowance for the BS subarea is 4 percent of the TAC after subtraction of the CDQ
  reserve.
5 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.
6 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.
7 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.''
8 Consistent with the Steller sea lion protection measures, 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.

Allocation of the Atka Mackerel TAC

    Regulations implementing Steller sea lion protection measures at 
Sec. 679.20(a)(8)(ii) apportion the Atka mackerel ITAC into two equal 
seasonal allowances. After subtraction of the jig gear allocation, the 
first allowance is made available for directed fishing from January 1 
to April 15 (A season), and the second seasonal allowance is made 
available from September 1 to November 1 (B season) (Table 6). Under 
Sec. 679.20(a)(8)(ii)(C)(1), the Regional Administrator will establish 
a harvest limit area (HLA) limit of no more than 60 percent of the 
seasonal TAC for the Western and Central Aleutian Districts. Pacific 
cod harvest by trawl gear in the Aleutian Islands HLA in 542 and 543, 
west of 178 deg. W long. is prohibited during the Atka mackerel HLA 
directed fisheries. Atka mackerel fishing is prohibited in critical 
habitat east of 178 deg. W long. to provide maximum protection to 
Steller sea lions and because Atka mackerel is readily available in 
waters outside of critical habitat.
    Under Sec. 679.20(a)(8)(i), up to 2 percent of the Eastern Aleutian 
District and the Bering Sea subarea Atka mackerel ITAC may be allocated 
to the jig gear fleet. The Council determines the amount of this 
allocation annually, based on several criteria including the 
anticipated harvest capacity of the jig gear fleet. In December 2001, 
the Council recommended that 1 percent of the Atka mackerel TAC in the 
Eastern Aleutian District and Bering Sea subarea be allocated to the 
jig gear fleet based on historic harvest capacity of the fleet. NMFS 
finds that this is consistent with the status of the stock and with the 
regulatory framework stated above. Based on an ITAC of 5,088 mt, the 
jig gear allocation is 51 mt.
    A platoon system to reduce the amount of daily catch in critical 
habitat by about half and to disperse the fishery over two areas is 
discussed in the Steller sea lion protection measures part of this 
emergency interim rule and found in the regulations at 
Sec. 679.20(a)(8)(iii).

[[Page 975]]



                        Table 6.--Seasonal and Spatial Apportionments, Gear Shares, and CDQ Reserve of the BSAI ATKA Mackerel TAC
                                                            (All amounts are in metric tons)
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                                                   Seasonal appointment \2\
                                                                                                     ---------------------------------------------------
                                                                                                            A Season \3\              B Season \4\
                    Subarea and component                          TAC      CDQ reserve    ITAC \1\  ---------------------------------------------------
                                                                                                                    HLA Limit                 HLA Limit
                                                                                                         Total         \5\         Total         \5\
--------------------------------------------------------------------------------------------------------------------------------------------------------
Western Aleutian District (543)..............................       19,700        1,478       18,223        9,111        5,467        9,111        5,467
Central Aleutian District (542)..............................       23,800        1,785       22,015       11,008        6,605       11,008        6,605
Eastern AI/BS subarea \6\....................................        5,500          413        5,088  ...........  ...........  ...........  ...........
    Jig (1%) \7\.............................................  ...........  ...........           51  ...........  ...........  ...........  ...........
    Other gear (99%).........................................  ...........  ...........        5,037        2,518  ...........        2,518  ...........
                                                              ------------------------------------------------------------------------------------------
        Total................................................       49,000        3,676       45,326       22,637  ...........       22,637  ...........
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ The reserves have been released for Atka mackerel (See Table 4).
\2\ The seasonal apportionment of Atka mackerel is 50 percent in the A season and 50 percent in the B season.
\3\ The A season is January 1 through noon April 15.
\4\ The B season is September 1 through noon November 1.
\5\ HLA limit refers to the amount of each seasonal allowance that is available for fishing inside the HLA (Sec.  679.2). In 2002, 60 percent of each
  seasonal allowance is available for fishing inside the HLA in the Western and Central AI. Pacific cod harvest by trawl gear in the Aleutian Islands
  HLA in 542 and 543, west of 178 deg.W long. is prohibited during the Atka mackerel HLA directed fisheries.
\6\ Eastern Aleutian Islands District and Bering Sea subarea.
\7\ Regulations at Sec.  679.20(a)(8) require that up to 2 percent of the Eastern AI/BS area ITAC be allocated to the jig gear fleet. The amount of this
  allocation is 1 percent and was determined by the Council based on anticipated harvest capacity of the jig gear fleet. The jig gear allocation is not
  apportioned by season.

Allocation of the Pacific Cod TAC

    Under Sec. 679.20(a)(7), 2 percent of the Pacific cod ITAC is 
allocated to vessels using jig gear, 51 percent to vessels using hook-
and-line or pot gear, and 47 percent to vessels using trawl gear. Under 
Sec. 679.20(a)(7)(i)(B), the portion of the Pacific cod TAC allocated 
to trawl gear is further allocated 50 percent to catcher vessels and 50 
percent to catcher/processors. Under regulations at 
Sec. 679.20(a)(7)(i)(C)(1), a portion of the Pacific cod allocated to 
hook-and-line or pot gear is set aside as an ICA of Pacific cod in 
directed fisheries for groundfish other than Pacific cod by vessels 
using these gear types. Based on anticipated bycatch in these 
fisheries, the Council proposed an ICA of 500 mt. The remainder of 
Pacific cod is further allocated to vessels using hook-and-line or pot 
gear as the following directed fishing allowances: 80 percent to hook-
and-line catcher/processor vessels, 0.3 percent to hook-and-line 
catcher vessels, 18.3 percent to pot gear vessels, and 1.4 percent to 
catcher vessels less than 60 feet (18.3 m) LOA using hook-and-line or 
pot gear.
    Due to concerns about the potential impact of the Pacific cod 
fishery on Steller sea lions and their critical habitat, NMFS is 
implementing under this emergency interim rule temporal dispersion of 
fishing effort in the Pacific cod fisheries by apportioning the Pacific 
cod ITAC into two seasonal allowances. For most non-trawl gear the 
first allowance, 60 percent of the ITAC, is made available for directed 
fishing from January 1 to June 10, and the second seasonal allowance, 
40 percent of the ITAC, is made available from June 10 to December 31. 
No seasonal harvest constraints are imposed for the Pacific cod fishery 
by catcher vessels less than 60 feet (18.3 m) LOA using hook-and-line 
or pot gear. For trawl gear the first season is January 20 to April 1, 
and 60 percent of the TAC is allocated to the first season. The second 
season, April 1 to June 10, and third season, June 10 to November 1, 
are each allocated 20 percent of the TAC. The trawl catcher vessels' 
allocation is further allocated as 70 percent in the first season, 10 
percent in the second season and 20 percent in the third season. The 
trawl catcher/processors' allocation is allocated 50 percent in the 
first season, 30 percent in the second season, and 20 percent in the 
third season. Table 7 lists the 2002 allocations and seasonal 
apportionments of the Pacific cod ITAC.

               Table 7.--2001 Gear Shares and Seasonal Apportionments of the BSAI Pacific Cod TAC
----------------------------------------------------------------------------------------------------------------
                                                           Subtotal                  Seasonal apportionment \2\
                                              Share of   percentages    Share of  ------------------------------
         Gear sector             Percent    gear sector    for gear   gear sector
                                             total (mt)    sectors     total (mt)        Date        Amount (mt)
----------------------------------------------------------------------------------------------------------------
Total hook-and-line and pot             51       94,350  ...........  ...........  ................  ...........
 gear allocation of Pacific
 cod TAC.
Incidental Catch Allowance...  ...........  ...........  ...........          500  ................  ...........
Processor and Vessel subtotal  ...........       93,850  ...........  ...........  ................  ...........
Hook-and-line Catcher          ...........  ...........           80       75,080  Jan 1-Jun 10....       45,048
 Processors.                                                                       Jun 10-Dec 31...       30,032
Hook-and-line Catcher Vessels  ...........  ...........          0.3          282  Jan 1-Jun 10....          169
                                                                                   Jun 10-Dec 31...          113
Pot Gear Vessels.............  ...........  ...........         18.3       17,175  Jan 1-Jun 10....       10,305
                                                                                   Sep 1-Dec 31....        6,870
Catcher Vessels 60 feet LOA    ...........  ...........          1.4        1,314  Jan 1-Dec 31....        1,314
 using Hook-and-line or Pot
 gear.
Trawl gear Total.............           47       86,950  ...........  ...........  ................  ...........

[[Page 976]]

 
Trawl Catcher Vessel.........  ...........  ...........           50       43,475  Jan 1-Apr 1.....       30,433
                                                                                   Apr 1-Jun 10....        4,348
                                                                                   Jun 10-Nov 1....        8,695
Trawl Catcher Processor......  ...........  ...........           50       43,475  Jan 1-Apr 1.....       21,738
                                                                                   Apr 1-Jun 10....       13,043
                                                                                   Jun 10-Nov 1....        8,695
Jig..........................            2        3,700  ...........  ...........  Jan 1-Jun 10....        2,220
                                                                                   Jun 10-Dec 31...        1,480
                              ----------------------------------------------------------------------------------
    Total....................          100      185,000  ...........  ...........  ................  ...........
----------------------------------------------------------------------------------------------------------------
\1\ The reserve has been released for Pacific cod (See Table 4).
\2\ For non-trawl gear the first season is allocated 60 percent of the TAC and the second season is allocated 40
  percent of the TAC. No seasonal harvest constraints are imposed for the Pacific cod fishery by catcher vessels
  less than 60 feet (18.3 m) LOA using hook-and-line or pot gear. For trawl gear, the first season is allocated
  60 percent of the TAC and the second and third seasons are each allocated 20 percent of the TAC. The trawl
  catcher vessels' allocation is further allocated as 70 percent in the first season, 10 percent in the second
  season and 20 percent in the third season. The trawl catcher/processors' allocation is allocated 50 percent in
  the first season, 30 percent in the second season and 20 percent in the third season. Any unused portion a
  seasonal Pacific cod allowance will be reapportioned to the next seasonal allowance.

Allocation of the Shortraker and Rougheye Rockfish TAC

    Under Sec. 679.20(a)(9), the ITAC of shortraker rockfish and 
rougheye rockfish specified for the Aleutian Islands subarea is 
allocated 30 percent to vessels using non-trawl gear and 70 percent to 
vessels using trawl gear. Based on a 2002 ITAC of 844 mt, the trawl 
allocation is 591 mt and the non-trawl allocation is 253 mt.

Sablefish Gear Allocation

    Regulations at Sec. 679.20(a)(4)(iii) and (iv) require that 
sablefish TACs for the BS and AI subareas be allocated between trawl 
and hook-and-line or pot gear. Gear allocations of TACs for the Bering 
Sea subarea are 50 percent for trawl gear and 50 percent for hook-and-
line or pot gear and for the Aleutian Islands subarea are 25 percent 
for trawl gear and 75 percent for hook-and-line or pot gear. 
Regulations at Sec. 679.20(b)(1)(iii)(B) require that 20 percent of the 
hook-and-line and pot gear allocation of sablefish be reserved as 
sablefish CDQ. Additionally, regulations at Sec. 679.20(b)(1)(iii)(A) 
require that 7.5 percent of the trawl gear allocation of sablefish (one 
half of the reserve) be reserved as groundfish CDQ. Gear allocations of 
the sablefish TAC and CDQ reserve amounts are specified in Table 8.

                           Table 8.--Gear Shares and CDQ Reserve of BSAI Sablefish TAC
                                        [All amounts are in metric tons]
----------------------------------------------------------------------------------------------------------------
                                                               Percent of    Share of
                      Subarea and Gear                            TAC          TAC        ITAC \1\   CDQ Reserve
----------------------------------------------------------------------------------------------------------------
Bering Sea
    Trawl \2\...............................................           50          965          821           72
Hook-&-line/pot gear \3\....................................           50          965          N/A          193
                                                             ---------------------------------------------------
        Total...............................................          100        1,930          821          265
================================================================================================================
Aleutian Islands:
    Trawl \2\...............................................           25          637          541           48
    Hook-&-line/pot gear \3\................................           75        1,913          N/A          383
                                                             ---------------------------------------------------
        Total...............................................          100        2,550          541         431
----------------------------------------------------------------------------------------------------------------
\1\ Except for the sablefish hook-and-line and pot gear allocation, 15 percent of TAC is apportioned to the
  reserve. The ITAC is the remainder of the TAC after the subtraction of these reserves.
\2\ For the portion of the sablefish TAC allocated to vessels using trawl gear, one half of the reserve (7.5
  percent of the specified TAC) is reserved for the multi-species CDQ program.
\3\ For the portion of the sablefish TAC allocated to vessels using hook-and-line or pot gear, 20 percent of the
  allocated TAC is reserved for use by CDQ participants. Regulations in Sec.  679.20(b)(1) do not provide for
  the establishment of an ITAC for sablefish allocated to hook-and-line or pot gear.

Allocation of Prohibited Species Catch (PSC) Limits for Halibut, Crab, 
Salmon, and Herring

    PSC limits for halibut are set in regulations at Sec. 679.21(e). 
For the BSAI trawl fisheries, the limit is 3,675 mt mortality of 
Pacific halibut. For non-trawl fisheries, the limit is 900 mt 
mortality. PSC limits for crab and herring are specified annually based 
on abundance and spawning biomass. Regulations at 
Sec. 679.21(e)(1)(vii) specify a scheduled reduction of Chinook salmon 
PSC limits until the final limit is reached in 2004. In 2002, the 
chinook salmon PSC limit for the pollock fishery is 37,000 fish.
    The criteria for determining the PSC limits for red king crab in 
Zone 1 are set forth at Sec. 679.21(e)(1)(ii). For 2002, the PSC limit 
of red king crab in Zone 1 for trawl vessels is 97,000 animals. The 
number of mature female red king crab

[[Page 977]]

is estimated in 2002 to be above the threshold of 8.4 million animals, 
and the effective spawning biomass is greater than 14.5 million lb 
(6,577 mt) but less than 55 million lb (24,948 mt). Based on the 
criteria set out at Sec. 679.21(e)(1)(ii)(B), the limit is 97,000 
animals.
    The criteria for determining the PSC limits for C. bairdi crabs are 
set forth in Sec. 679.21(e)(1)(iii). The 2002 C. bairdi PSC limit for 
trawl gear is 980,000 animals in Zone 1 and 2,970,000 animals in Zone 
2. These limits are based on the C. bairdi abundance of 624 million 
crab from 2001 survey data because the abundance is over 400 million 
crabs.
    Under Sec. 679.21(e)(1)(iv), the PSC limit for C. opilio is based 
on total abundance as indicated by the NMFS annual bottom trawl survey. 
The C. opilio PSC limit is set at 0.1133 percent of the Bering Sea 
abundance index. Based on the 2001 survey estimate of 3.86 billion 
animals, the calculated limit would be 4,373,380 animals. Because this 
limit is less than 4.5 million, under Sec. 679.21(e)(1)(iv)(B), the 
2002 C. opilio PSC limit is 4,350,000 animals.
    Under Sec. 679.21(e)(1)(vi), the PSC limit of Pacific herring 
caught while conducting any trawl operation for groundfish in the BSAI 
is 1 percent of the annual eastern Bering Sea herring biomass. NMFS' 
estimate of 2002 herring biomass is 152,574 mt. This amount was derived 
using 2001 survey data and an age-structured biomass projection model 
developed by the Alaska Department of Fish and Game (ADF&G). Therefore, 
the herring PSC limit for 2002 is 1,526 mt.
    Under Sec. 679.21(e)(1)(i), 7.5 percent of each PSC limit specified 
for crab and halibut is reserved as a PSQ reserve for use by the 
groundfish CDQ program. Regulations at Sec. 679.21(e)(3) require the 
apportionment of each trawl PSC limit into PSC bycatch allowances for 
seven specified fishery categories. Regulations at 
Sec. 679.21(e)(4)(ii) authorize the apportionment of the non-trawl 
halibut PSC limit among five fishery categories. The fishery bycatch 
allowances for the trawl and non-trawl fisheries are listed in Table 9. 
These amounts are unchanged from those recommended by the Council at 
its December 2001 meeting.
    Regulations at Sec. 679.21(e)(3)(ii)(B) establish criteria under 
which NMFS must specify an annual red king crab bycatch limit for the 
Red King Crab Savings Subarea (RKCSS). The regulations limit the RKCSS 
to 35 percent of the trawl bycatch allowance specified for the rock 
sole/flathead sole/``other flatfish'' fishery category and must be 
based on the need to optimize the groundfish harvest relative to red 
king crab bycatch. The Council recommended and NMFS approves a red king 
crab bycatch limit equal to 35 percent of the trawl bycatch allowance 
specified for the flatfish fishery within the RKCSS in order to 
maximize harvest of groundfish relative to red king crab bycatch.
    Regulations at Sec. 679.21(e)(4)(ii) authorize exemption of 
specified non-trawl fisheries from the halibut PSC limit. As in past 
years, NMFS, after consultation with the Council, is exempting pot 
gear, jig gear, and the sablefish IFQ hook-and-line gear fishery 
categories from halibut bycatch restrictions because these fisheries 
use selective gear types that take few halibut compared to other gear 
types such as nonpelagic trawl. In 2001, total groundfish catch for the 
pot gear fishery in the BSAI was approximately 16,655 mt with an 
associated halibut bycatch mortality of about 5 mt. The 2001 groundfish 
jig gear fishery harvested about 74 mt of groundfish. Most vessels in 
the jig gear fleet are less than 60 ft (18.3 m) LOA and are exempt from 
observer coverage requirements. As a result, observer data are not 
available on halibut bycatch in the jig gear fishery. However, NMFS 
assumes a negligible amount of halibut bycatch mortality because of the 
selective nature of this gear type and the likelihood that halibut 
caught with jig gear have a high survival rate when released.
    As in past years, the Council recommended that the sablefish IFQ 
fishery be exempt from halibut bycatch restrictions because of the 
sablefish and halibut IFQ program (subpart D of 50 CFR part 679). The 
sablefish IFQ program requires legal-sized halibut to be retained by 
vessels using hook-and-line gear if a halibut IFQ permit holder is 
aboard and is holding unused halibut IFQ. This action results in less 
halibut discard in the sablefish fishery. In 1995, about 36 mt of 
halibut discard mortality was estimated for the sablefish IFQ fishery. 
A similar estimate for 1996 through 2001 has not been calculated, but 
NMFS has no information indicating that it would be significantly 
different. NMFS approves the Council's recommendation to exempt the 
hook-and-line sablefish from halibut bycatch restrictions.
    Regulations at Sec. 679.21(e)(5) authorize NMFS, after consultation 
with the Council, to establish seasonal apportionments of PSC amounts 
in order to maximize the ability of the fleet to harvest the available 
groundfish TAC and to minimize bycatch. The factors to be considered 
are: (1) Seasonal distribution of prohibited species, (2) seasonal 
distribution of target groundfish species, (3) PSC bycatch needs on a 
seasonal basis relevant to prohibited species biomass, (4) expected 
variations in bycatch rates throughout the year, (5) expected start of 
fishing effort, and (6) economic effects of seasonal PSC apportionments 
on industry sectors. In December 2001, the Council's AP recommended 
seasonal PSC apportionments in order to maximize harvest among gear 
types, fisheries, and seasons while minimizing PSC based on the 
criteria above.
    NMFS approves the PSC apportionments specified in Table 9 below 
with one change. The AP recommended and the Council accepted a July 4 
seasonal allocation of PSC to the yellowfin sole, rock sole/flathead 
sole/``other flatfish'' and rockfish fishery categories. Under 
Sec. 679.21(e)(5), factor (5) expected start of fishing effort, NMFS is 
changing the July 4 seasonal allocation to a June 30 seasonal 
allocation to facilitate the inseason management of these fishery 
categories. The June 30 opening will allow the collection of the data 
NMFS requires to close a fishery before the interruption of the July 4 
holiday when Federal offices are closed.

                             Table 9.--Prohibited Species Bycatch Allowances for the BSAI Trawl and Non-Trawl Fisheries \1\
                                                            [All amounts are in metric tons]
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                            Prohibited Species and Zone
                                                         -----------------------------------------------------------------------------------------------
                                                              Halibut                      Red King Crab     C. opilio          C. bairdi (animals)
                                                          mortality (mt)   Herring (mt)   (animals) Zone     (animals)   -------------------------------
                                                             BSAI \7\          BSAI              1           COBLZ \2\        Zone 1          Zone 2
--------------------------------------------------------------------------------------------------------------------------------------------------------
                     Trawl Fisheries
Yellowfin sole..........................................             886             139          16,664       2,776,981         340,844       1,788,459

[[Page 978]]

 
    January 20-April 1..................................             262  ..............  ..............  ..............  ..............  ..............
    April 1-May 21......................................             195  ..............  ..............  ..............  ..............
    May 21-June 30......................................              49  ..............  ..............  ..............  ..............  ..............
    June 30-December 31.................................             380  ..............  ..............  ..............  ..............  ..............
Rock sole/flat. sole/other flatfish \3\.................             779              20          59,782         969,130         365,320         596,154
    January 20-April 1..................................             448  ..............  ..............  ..............  ..............  ..............
    April 1-June 30.....................................             164  ..............  ..............  ..............  ..............  ..............
    June 30-December 31.................................             167  ..............  ..............  ..............  ..............  ..............
    RKC savings subarea \3\.............................  ..............  ..............          20,924  ..............  ..............  ..............
Turbot/sablefish/arrowtooth \4\.........................  ..............               9  ..............          40,238  ..............  ..............
Rockfish (June 30-Dec. 31) \5\..........................              69               7  ..............          40,237  ..............          10,988
Pacific cod.............................................           1,434              20          11,664         124,736         183,112         324,176
Pollock/Atka/other \6\..................................             232             146           1,615          72,428          17,224          27,473
Midwater trawl pollock..................................  ..............           1,184  ..............  ..............  ..............  ..............
                                                         -----------------------------------------------------------------------------------------------
        Total Trawl PSC.................................           3,400           1,526          89,725       4,023,750         906,500       2,747,250
                   Non-Trawl Fisheries
Pacific cod--Total......................................             775  ..............  ..............  ..............  ..............  ..............
    January 1-June 10...................................             320  ..............  ..............  ..............  ..............  ..............
    June 10-August 15...................................               0  ..............  ..............  ..............  ..............  ..............
    August 15-December 31...............................             455  ..............  ..............  ..............  ..............  ..............
Other non-trawl--Total..................................              58  ..............  ..............  ..............  ..............  ..............
    May 1-December 31...................................              58  ..............  ..............  ..............  ..............  ..............
Groundfish pot & jig....................................          Exempt  ..............  ..............  ..............  ..............  ..............
Sablefish hook-&-line...................................          Exempt  ..............  ..............  ..............  ..............  ..............
                                                         -----------------------------------------------------------------------------------------------
        Total Non-Trawl.................................             833  ..............  ..............  ..............  ..............  ..............
        PSQ Reserve \8\.................................             342  ..............           7,275         326,250          73,500         222,750
                                                         -----------------------------------------------------------------------------------------------
        Grand Total.....................................           4,575           1,526          97,000       4,350,000         980,000      2,970,000
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ Refer to Sec.  679.2 for definitions of areas.
\2\ C. opilio Bycatch Limitation Zone. Boundaries are defined at 50 CFR part 679, fig. 13.
\3\ The Council at its December 2001 meeting limited red king crab for trawl fisheries within the RKCSS to 35 percent of the total allocation to the
  rock sole/flathead sole/ ``other flatfish'' fishery category (Sec.  679.21(e)(3)(ii)(B)). ``Other flatfish'' for PSC monitoring includes all flatfish
  species, except for Pacific halibut (a prohibited species), Greenland turbot, rock sole, yellowfin sole, arrowtooth flounder.
\4\ Greenland turbot, arrowtooth flounder, and sablefish fishery category.
\5\ The Council at its December 2001 meeting apportioned the rockfish PSC amounts from June 30-December 31.
\6\ Pollock other than pelagic trawl pollock, Atka mackerel, and ``other species'' fishery category.
\7\ Any unused halibut PSC apportionment may be rolled into the following seasonal apportionment.
\8\ With the exception of herring, 7.5 percent of each PSC limit is allocated to the multi-species CDQ program as PSQ reserve. The PSQ reserve is not
  allocated by fishery, gear or season.

    To monitor halibut bycatch mortality allowances and apportionments, 
the Administrator, Alaska Region, NMFS (Regional Administrator), will 
use observed halibut bycatch rates, assumed mortality rates, and 
estimates of groundfish catch to project when a fishery's halibut 
bycatch mortality allowance or seasonal apportionment is reached. The 
Regional Administrator monitors a fishery's halibut bycatch mortality 
allowances using assumed mortality rates that are based on the best 
information available, including information contained in the annual 
SAFE reports.
    The Council recommended, and NMFS concurs, that the assumed halibut 
discard mortality rates (DMRs) developed by staff of the International 
Pacific Halibut Commission (IPHC) for the 2001 BSAI groundfish 
fisheries be adopted for purposes of monitoring halibut bycatch 
allowances established for 2002 (Table 10). Results from analysis of 
halibut release condition data for 2000 showed continued stability in 
halibut DMRs for many fisheries. Plots of annual DMRs against the 10-
year mean indicated little change since 1990 for some fisheries, 
particularly the major trawl fisheries. DMRs were more variable for the 
smaller fisheries which typically take minor amounts of halibut 
bycatch. For 2002, the Council adopted Preseason Assumed DMRs, which 
included use of the long-term mean DMR for a 3-year period before 
revisions are proposed except for the BSAI hook-and-line Pacific cod 
fishery and CDQ fisheries, for which the Council recommended setting 
annual DMRs. The IPHC will also continue to conduct annual analyses of 
observer data and recommend changes to the Preseason Assumed DMR where 
a fishery DMR shows large variation from the mean and for the CDQ 
fisheries. For 2002, the BSAI hook-and-line Pacific cod fishery DMR did 
not change; but the CDQ fishery DMRs were adjusted. The justification 
for these mortality rates is discussed in the final SAFE report dated 
November 2001.

[[Page 979]]



 Table 10.--Assumed Pacific Halibut Discard Mortality Rates for the BSAI
                                Fisheries
------------------------------------------------------------------------
                                                             Preseason
                                                              Assumed
                         Fishery                              discard
                                                             mortality
                                                             (percent)
------------------------------------------------------------------------
Hook-and-line gear fisheries:
    Rockfish............................................              25
    Pacific cod.........................................              12
    Greenland turbot....................................              18
    Sablefish...........................................              22
    Other Species.......................................              12
Trawl gear fisheries:
    Midwater pollock....................................              84
    Nonpelagic pollock..................................              76
    Yellowfin sole......................................              81
    Rock sole...........................................              76
    Flathead sole.......................................              67
    Other flatfish......................................              71
    Rockfish............................................              69
    Pacific cod.........................................              67
    Atka mackerel.......................................              75
    Greenland turbot....................................              70
    Sablefish...........................................              50
    Other species.......................................              67
Pot gear fisheries:
    Pacific cod.........................................               8
    Other species.......................................               8
CDQ Trawl fisheries:
    Atka mackerel.......................................              89
    Flathead sole.......................................              83
    Midwater pollock....................................              88
    Nonpelagic pollock..................................              90
    Rockfish............................................              89
    Yellowfin sole......................................              77
CDQ Hook-and-line fisheries:
    Pacific cod.........................................              13
    Greenland turbot....................................              14
CDQ Pot fisheries:
    Pacific cod.........................................               7
    Sablefish...........................................              38
------------------------------------------------------------------------

Directed Fishing Closures

    In accordance with Sec. 679.20(d)(1)(i), if the Regional 
Administrator determines that any allocation or apportionment of a 
target species or ``other species'' category has been or will be 
reached, the Regional Administrator may establish a directed fishing 
allowance for that species or species group. If the Regional 
Administrator establishes a directed fishing allowance, and that 
allowance is or will be reached before the end of the fishing year, 
NMFS will prohibit directed fishing for that species or species group 
in the specified subarea or district (Sec. 697.20(d)(1)(iii)). 
Similarly, under Sec. 679.21(e), if the Regional Administrator 
determines that a fishery category's bycatch allowance of halibut, red 
king crab, or C. bairdi Tanner crab for a specified area has been 
reached, the Regional Administrator will prohibit directed fishing for 
each species in that category in the specified area.
    The Regional Administrator has determined that the following 
remaining allocation amounts will be necessary as incidental catch to 
support other anticipated groundfish fisheries for the 2002 fishing 
year:

Bogoslof District:
    Pollock--90 mt
Aleutian Islands subarea:
    Pollock--900 mt
    Northern rockfish--6,236 mt
    Shortraker/rougheye rockfish--844 mt
    ``Other rockfish''--575 mt
Bering Sea subarea:
    Pacific ocean perch--2,227 mt
    ``Other rockfish''--307 mt
    Northern rockfish--16 mt
    Shortraker/rougheye rockfish--99 mt

    Consequently, in accordance with Sec. 679.20(d)(1)(i), the Regional 
Administrator establishes the directed fishing allowances for the above 
species or species groups as zero.
    Therefore, in accordance with Sec. 679.20(d)(1)(iii), NMFS 
immediately is prohibiting directed fishing for these species in the 
specified areas and these closures will remain in effect through 2400 
hrs, Alaska local time (A.l.t.), December 31, 2002, effective January 
1, 2002, through July 8, 2002.
    In addition, the BSAI Zone 1 annual red king crab bycatch allowance 
specified for the trawl rockfish fishery (Sec. 679.21(e)(3)(iv)(D)) is 
0 mt and the BSAI first seasonal halibut bycatch allowance specified 
for the trawl rockfish fishery is 0 mt. The BSAI annual halibut bycatch 
allowance specified for the trawl Greenland turbot/arrowtooth flounder/
sablefish fishery categories, (Sec. 679.21(e)(3)(iv)(C)) is 0 mt. 
Therefore, in accordance with Sec. 1(e)(7)(ii) and (v), NMFS is 
prohibiting directed fishing for rockfish by vessels using trawl gear 
in Zone 1 of the BSAI and directed fishing for Greenland turbot/
arrowtooth flounder/sablefish by vessels using trawl gear in the BSAI 
for the entire 2002 fishing year. NMFS also is prohibiting directed 
fishing for rockfish outside Zone 1 in the BSAI until 1200 hrs, A.l.t, 
June 30, 2002, due to 0 amounts of halibut bycatch allowance 
apportioned to this fishery prior to that date.
    While these closures are in effect, the maximum retainable bycatch 
amounts at Sec. 679.20(e) and (f) apply at any time during a fishing 
trip. These closures to directed fishing are in addition to closures 
and prohibitions found in regulations at 50 CFR part 679. Refer to 
Sec. 679.2 for definitions of areas. In the BSAI, ``other rockfish'' 
includes Sebastes and Sebastolobus species except for Pacific ocean 
perch, shortraker, rougheye, and northern rockfish.

BS Subarea Inshore Pollock Allocations

    Under Sec. 679.4, NMFS set out procedures for AFA inshore catcher 
vessel pollock cooperatives to apply for and receive cooperative 
fishing permits and inshore pollock allocations. NMFS received 
applications from seven inshore catcher vessel cooperatives. Table 11 
lists the pollock allocations to the seven inshore catcher vessel 
pollock cooperatives that have been approved and permitted by NMFS for 
the 2002 fishing year. Allocations for cooperatives and vessels not 
participating in cooperatives are not made for the AI subarea because 
the AI subarea has been closed to directed fishing for pollock. These 
allocations may be revised based on any corrections to AFA vessels' 
catch history.

                          Table 11.--Bering Sea Subarea Inshore Cooperative Allocations
----------------------------------------------------------------------------------------------------------------
                                                                   Sum of member   Percentage of
                                                                     vessel's     inshore sector   Annual co-op
               Cooperative name and member vessels                official catch    allocation      allocation
                                                                    histories 1      (percent)
----------------------------------------------------------------------------------------------------------------
Akutan Catcher Vessel Association: ALDEBARAN, ARCTIC EXPLORER,           245,527          28.085         180,169
 ARCTURUS, BLUE FOX, CAPE KIWANDA, COLUMBIA, DOMINATOR, EXODUS,
 FLYING CLOUD, 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, PEGGY JO,
 PERSEVERANCE, PREDATOR, RAVEN, ROYAL AMERICAN, SEEKER,
 SOVEREIGNTY, TRAVELER, VIKING EXPLORER.........................
Arctic Enterprise Association: BRISTOL EXPLORER, OCEAN EXPLORER,          36,807           4.210          27,009
 PACIFIC EXPLORER...............................................

[[Page 980]]

 
Northern Victor Fleet Cooperative: ANITA J, COLLIER BROTHERS,             73,656           8.425          54,049
 COMMODORE, EXCALIBUR II, GOLDRUSH, HALF MOON BAY, MISS BERDIE,
 NORDIC FURY, PACIFIC FURY, POSEIDON, ROYAL ATLANTIC, SUNSET
 BAY, STORM PETREL..............................................
Peter Pan Fleet Cooperative: AMBER DAWN, AMERICAN BEAUTY,                 18,693           2.138          13,717
 ELIZABETH F, MORNING STAR, OCEAN LEADER, OCEANIC, PROVIDIAN,
 TOPAZ, WALTER N................................................
Unalaska Cooperative: ALASKA ROSE, BERING ROSE, DESTINATION,             106,737          12.209          78,324
 GREAT PACIFIC, MESSIAH, MORNING STAR, MS AMY, PROGRESS, SEA
 WOLF, VANGUARD, WESTERN DAWN...................................
UniSea Fleet Cooperative: ALSEA, AMERICAN EAGLE, ARGOSY, AURIGA,         201,566          23.056         147,910
 AURORA, DEFENDER, GUN-MAR, NORDIC STAR, PACIFIC MONARCH,
 SEADAWN, STARFISH, STARLITE....................................
Westward Fleet Cooperative: A.J., ALASKAN COMMAND, ALYESKA,              189,544          21.681         139,089
 ARCTIC WIND, CAITLIN ANN, CHELSEA K, DONA MARTITA, FIERCE
 ALLEGIANCE, HICKORY WIND, OCEAN HOPE 3, PACIFIC KNIGHT, PACIFIC
 PRINCE, STARWARD, VIKING, WESTWARD I...........................
Open access AFA vessels.........................................           1,707           0.195           1,252
                                                                 -----------------------------------------------
    Total inshore allocation....................................         874,238             100        641,520
----------------------------------------------------------------------------------------------------------------
1 Under 679.62(e)(1) the individual catch history for each vessel is equal to the vessel's best 2 of 3 years
  inshore pollock landings from 1995 through 1997 and includes landings to catcher/processors for vessels that
  made 500 or more mt of landings to catcher/processors from 1995 through 1997.

    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). In addition, 
under Sec. 679.22(a)(11)(vii), NMFS must establish harvest limits 
inside the Steller sea lion conservation area (SCA) and provide a set-
aside so that catcher vessels less than or equal to 99 ft (30.2 m) LOA 
have the opportunity to operate entirely within the SCA during the A 
season. Accordingly, Table 12 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 and 
establishes a cooperative-sector SCA set-aside for AFA catcher vessels 
less than or equal to 99 ft (30.2 m) LOA. The SCA set-aside for sector 
catcher vessels less than or equal to 99 ft (30.2 m) LOA that are not 
participating in a cooperative will be established inseason based on 
actual participation levels and is not included in Table 12. These 
allocations may be revised based on any corrections to AFA vessels' 
catch history.

   Table 12.--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 season TAC    inside SCA 1    B season TAC
----------------------------------------------------------------------------------------------------------------
Cooperative sector:
    Vessels > 99 ft.............................................             n/a         161,601             n/a
    Vessels  99 ft...................................             n/a          17,675             n/a
                                                                 -----------------------------------------------
      Total.....................................................         256,107         179,275         384,161
Open access sector..............................................             501           2 351             751
                                                                 -----------------------------------------------
      Total inshore.............................................         256,608         179,626        384,912
----------------------------------------------------------------------------------------------------------------
1 Steller sea lion conservation area established at Sec.  679.22(a)(11)(vii). The harvest limit for the SCA
  applies until April 1.
2 SCA limitations for vessels less than or equal to 99 ft LOA that are not participating in a cooperative will
  be established on an inseason basis in accordance with Sec.  679.22(a)(11)iiiv)(C)(2) which specifies that
  ``the Regional Administrator will prohibit directed fishing for pollock by vessels catching pollock for
  processing by the inshore component greater than 99 ft (30.2 m) LOA before reaching the inshore SCA harvest
  limit during the A season to accommodate fishing by vessels less than or equal to 99 ft (30.2 m) inside the
  SCA for the duration of the inshore seasonal opening.''

2002 Unrestricted AFA Catcher/Processor Sideboards

    Regulations at Sec. 679.63(a) establish a formula for setting AFA 
catcher/processor sideboard limits for non-pollock groundfish and PSC 
in the BSAI. The basis for these sideboard amounts was recommended by 
the Council and is described in detail in the Emergency Interim Rule to 
Implement Major Provisions of the AFA (64 FR 4520, January 28, 2000). 
The 2002 catcher/processor sideboards are set out in Table 13 below.
    All non-pollock groundfish that is harvested by unrestricted AFA 
catcher/processors, whether as targeted catch or bycatch, will be 
deducted from the harvest limits in Table 13. However, non-pollock 
groundfish that is delivered to listed catcher/processors by catcher 
vessels will not be deducted from the 2002 harvest limits for the 
listed catcher/processors.

[[Page 981]]



                                      TABLE 13.--2002 Unrestricted BSAI AFA Catcher/Processor Groundfish Sideboards
                                                         (Amounts are Expressed in Metric Tons)
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                             1995-1997                       2002 ITAC       2002 C/P
              Target species                            Area             ------------------------------------------------  available to      sideboard
                                                                            Total catch    Available TAC       Ratio        trawl C/Ps        amount
--------------------------------------------------------------------------------------------------------------------------------------------------------
Pacific cod trawl.........................  BSAI........................          13,547          51,450           0.263          43,475          11,434
Sablefish trawl...........................  BS..........................               8           1,736           0.005             820               4
                                            AI..........................               1           1,135           0.001             542               1
Atka mackerel.............................  Western AI..................                                           0.200
                                            A season 1..................             n/a             n/a           0.100           9,111             911
                                            CH limit 2..................                                                                             547
                                            B season....................             n/a             n/a           0.100           9,111             911
                                            CH limit....................                                                                             547
                                            Central AI..................                                           0.115
                                            A season 1..................             n/a             n/a           0.058          11,008             633
                                            CH limit....................                                                                             380
                                            B season....................             n/a             n/a           0.058          11,008             633
                                            CH limit....................                                                                             380
Yellowfin sole............................  BSAI........................         123,003         527,000           0.233          73,100          17,032
Rock sole.................................  BSAI........................          14,753         202,107           0.073          45,900           3,351
Greenland turbot..........................  BS..........................             168          16,911           0.010           4,958              50
                                            AI..........................              31           6,839           0.005           2,442              12
Arrowtooth flounder.......................  BSAI........................             788          36,873           0.021          13,600             286
Flathead sole.............................  BSAI........................           3,030          87,975           0.034          34,000           1,156
Alaska Plaice.............................  BSAI........................                                           0.034          10,200             347
Other flatfish............................  BSAI........................          12,145          92,428           0.131           2,550           1,336
Pacific ocean perch.......................  BS..........................              58           5,760           0.010           2,620              26
                                            Western AI..................             356          12,440           0.029           5,236             152
                                            Central AI..................              95           6,195           0.015           2,831              42
                                            Eastern AI..................             112           6,265           0.018           3,201              58
Northern rockfish.........................  BS..........................                                           0.078              16               1
                                            AI..........................           1,034          13,254           0.078           6,236             486
Shortraker/rougheye.......................  BS..........................                                           0.024              99              24
                                            AI..........................              68           2,827           0.024             843              20
Other rockfish............................  BS..........................              39           1,026           0.038             307              12
                                            AI..........................              95           1,924           0.049             575              28
Squid.....................................  BSAI........................               7           3,670           0.002           1,675               3
Other species.............................  BSAI........................           3,551          65,925           0.054          26,201          1,415
--------------------------------------------------------------------------------------------------------------------------------------------------------
1 The seasonal apportionment of Atka mackerel in the open access fishery is 50 percent in the A season and 50 percent in the B season. Unrestricted AFA
  catcher/processors are limited to harvesting no more than 20 and 11.5 percent of the available TAC in the Western and Central AI subareas
  respectively. Unrestricted AFA catcher/processors are prohibited from harvesting Atka mackerel in the Eastern Aleutian Islands District and Bering Sea
  subarea (paragraph 211(b)(2)(C)).
2 Critical habitat (CH) allowance refers to the amount of each seasonal allowance that is available for fishing inside critical habitat (50 CFR part 679
  Table 21). In 2002, the percentage of TAC available for fishing inside critical habitat area is 60 percent in the Western and Central AI.

    Regulations at Sec. 679.63(a)(2) establish a formula for PSC 
sideboards for unrestricted AFA catcher/processors. These amounts are 
equivalent to the percentage of prohibited species bycatch limits 
harvested in the non-pollock groundfish fisheries by the AFA catcher/
processors listed in subsection 208(e) and section 209 of the AFA from 
1995 through 1997. Prohibited species amounts harvested by these 
catcher/processors in BSAI non-pollock groundfish fisheries from 1995 
through 1997 are shown in Table 14. These data were used to calculate 
the relative amount of prohibited species catch limits harvested by 
pollock catcher/processors, which were then used to determine the 
prohibited species harvest limits for unrestricted AFA catcher/
processors in the 2002 non-pollock groundfish fisheries.
    PSC that is caught by unrestricted AFA catcher/processors 
participating in any non-pollock groundfish fishery listed in Table 13 
shall accrue against the 2002 PSC limits for the listed catcher/
processors. Regulations at Sec. 679.21(e)(3)(v) provide authority to 
close directed fishing for non-pollock groundfish for unrestricted AFA 
catcher/processors once a 2002 PSC limitation listed in Table 14 is 
reached.
    Crab or halibut PSC that is caught by unrestricted AFA catcher/
processors while fishing for pollock will accrue against the bycatch 
allowances annually specified for either the midwater pollock or the 
pollock/Atka mackerel/other species fishery categories under 
Sec. 679.21(e).

          Table 14.--2002 Unrestricted BSAI AFA Catcher/Processor Prohibited Species Sideboard Amounts
----------------------------------------------------------------------------------------------------------------
                                                     1995-1997                       2002 PSC
           PSC species           ------------------------------------------------  available to   2002 C/P limit
                                     PSC catch       Total PSC         Ratio       trawl vessels
----------------------------------------------------------------------------------------------------------------
Halibut mortality...............             955          11,325           0.084           3,400         286 mt.
Red king crab...................           3,098         473,750           0.007          89,725       628 crab.
C. opilio.......................       2,323,731      15,139,178           0.153       4,023,750   615,634 crab.
C. bairdi
    Zone 1......................         385,978       2,750,000           0.140         906,500   126,910 crab.

[[Page 982]]

 
    Zone 2......................         406,860       8,100,000           0.050       2,747,250   137,363 crab.
----------------------------------------------------------------------------------------------------------------

2002 AFA Catcher Vessel Sideboards

    Regulations at Sec. 679.63(b) establish a formula for setting AFA 
catcher vessel groundfish and PSC sideboard amounts for the BSAI. The 
basis for these sideboard amounts was recommended by the Council and is 
described in detail in the Emergency Interim Rule to Implement Major 
Provisions of the AFA (64 FR 4520, January 28, 2000). For 2002, the 
ratio of 1995 to 1997 AFA catcher vessel retained catch to the 1995 to 
1997 TAC has been revised from 2001 by NMFS. These revisions are based 
on ADF&G editing of fish tickets and NMFS editing of observer catch 
data and weekly production reports. The 2002 AFA catcher vessel 
sideboards amounts are shown in Tables 15 and 16.
    All harvests of groundfish sideboard species made by non-exempt AFA 
catcher vessels, whether as targeted catch or bycatch, will be deducted 
from the sideboard limits listed in Table 15.

                             Table 15.--2002 BSAI AFA Catcher Vessel (CV) Sideboards
                                     [Amounts are Expressed in Metric Tons]
----------------------------------------------------------------------------------------------------------------
                                                                  Ratio of 1995-
                                         Fishery by Area/Season/    1997 AFA CV    2002 Initial    2002 catcher
                Species                      Processor/Gear       catch to 1995-        TAC           vessel
                                                                     1997 TAC                        sideboard
----------------------------------------------------------------------------------------------------------------
Pacific cod...........................  BSAI....................
                                        jig gear................          0.0000           3,700               0
                                        hook-and-line CV........  ..............  ..............  ..............
                                        Jan 1--Jun 10...........          0.0006             169               0
                                        Jun 10--Dec 31..........          0.0006             113               0
                                        Pot gear................  ..............  ..............  ..............
                                        Jan 1--Jun 10...........          0.0006          10,305               6
                                        Sept 1--Dec 31..........          0.0006           6,870               4
                                        CV  60 feet LOA using             0.0006           1,314               0
                                         hook-and-line or pot
                                         gear.
                                        trawl gear..............  ..............  ..............  ..............
                                        catcher vessel..........  ..............  ..............  ..............
                                        Jan 20--Apr 1...........          0.8609          30,433          26,200
                                        Apr 1--Jun 10...........          0.8609           4,348           3,743
                                        Jun 10--Nov 1...........          0.8609           8,695           7,486
Sablefish.............................  BS trawl gear...........          0.0906             820              74
                                        AI trawl gear...........          0.0645             542              35
Atka mackerel.........................  Eastern AI/BS...........  ..............  ..............  ..............
                                        jig gear................          0.0031              51               0
                                        other gear..............  ..............  ..............  ..............
                                        Jan 1--Apr 15...........          0.0032           2,518               8
                                        Sept 1--Nov 1...........          0.0032           2,518               8
                                        Central AI..............  ..............  ..............  ..............
                                        Jan--Apr 15.............          0.0001          11,008               1
                                        inside CH...............          0.0001           6,605               1
                                        Sept 1--Nov 1...........          0.0001          11,008               1
                                        inside CH...............          0.0001           6,605               1
                                        Western AI..............  ..............  ..............  ..............
                                        Jan--Apr 15.............          0.0000           9,111               0
                                        inside CH...............          0.0000           5,467               0
                                        Sept 1--Nov 1...........          0.0000           9,111               0
                                        inside CH...............          0.0000           5,467               0
Yellowfin sole........................  BSAI....................          0.0647          73,100           4,730
Rock sole.............................  BSAI....................          0.0341          45,900           1,565
Greenland Turbot......................  BS......................          0.0645           4,958             320
                                        AI......................          0.0205           2,442              50
Arrowtooth flounder...................  BSAI....................          0.0690          13,600             938
Alaska Plaice.........................  BSAI....................          0.0441          10,200             450
Other flatfish........................  BSAI....................          0.0441           2,550             112
POP...................................  BS......................          0.1000           2,620             262
                                        Eastern AI..............          0.0077           3,201              25
                                        Central AI..............          0.0025           2,831               7
                                        Western AI..............          0.0000           5,236               0
Northern rockfish.....................  BS......................          0.0048              16               0
                                        AI......................          0.0089           6,239              56
Shortraker/Rougheye...................  BS......................          0.0048              99               0
                                        AI......................          0.0035             843               3

[[Page 983]]

 
Other rockfish........................  BS......................          0.0327             307              10
                                        AI......................          0.0095             575               5
Squid.................................  BSAI....................          0.3827           1,675             641
Other species.........................  BSAI....................          0.0541          26,201           1,417
Flathead Sole.........................  BS trawl gear...........          0.0505          21,250           1,073
----------------------------------------------------------------------------------------------------------------

    Regulations at Sec. 679.63(b) establish a formula for PSC 
sideboards for AFA catcher vessels. The AFA catcher vessel PSC bycatch 
limit for halibut in the BSAI, and each crab species in the BSAI for 
which a trawl bycatch limit has been established as a percentage of the 
PSC limit equal to the ratio of aggregate retained groundfish catch by 
AFA catcher vessels in each PSC target category from 1995 through 1997 
relative to the retained catch of all vessels in that fishery from 1995 
through 1997. These amounts are listed in Table 16.
    Halibut and crab PSC that is caught by AFA catcher vessels 
participating in any non-pollock groundfish fishery listed in Table 15 
will accrue against the 2002 PSC limits for the AFA catcher vessels. 
Regulations at Sec. 679.21(d)(8) and (e)(3)(v) provide authority to 
close directed fishing for non-pollock groundfish for AFA catcher 
vessels once a 2002 PSC limitation listed in Table 16 for the BSAI is 
reached. PSC that is caught by AFA catcher vessels while fishing for 
pollock in the BSAI will accrue against either the midwater pollock or 
the pollock/Atka mackerel/other species fishery categories.

    Table 16.--2002 AFA Catcher Vessel (CV) Prohibited Species Catch (PSC) Sideboard Amounts \1\ for the BSAI
----------------------------------------------------------------------------------------------------------------
                                                                  Ratio of 1995-
                                                                    1997 AFA CV                      2002 AFA
              PSC species                Target fishery category  retained catch  2002 PSC Limit  catcher vessel
                                             \2\ and season          to total                      PSC sideboard
                                                                  retained catch
----------------------------------------------------------------------------------------------------------------
Halibut...............................  Pacific cod trawl.......          0.6183           1,434             887
                                        Pacific cod hook-and-             0.0022             775               2
                                         line or pot.
                                        Yellowfin sole..........
                                        Jan. 20--Apr. 1.........          0.1144             262              30
                                        Apr. 1--May 21..........          0.1144             195              22
                                        May 21--June 30.........          0.1144              49               6
                                        June 30--Dec. 31........          0.1144             380              43
                                        Rock sole/flat. sole/
                                         other flatfish.
                                        Jan. 20--Apr. 1.........          0.2841             448             127
                                        Apr. 1--June 30.........          0.2841             164              47
                                        June 30--Dec. 31........          0.2841             167              47
                                        Turbot/Arrowtooth/                0.2327               0               0
                                         Sablefish.
                                        Rockfish................          0.0245              69               2
                                        Pollock/Atka mackerel/            0.0227             232               5
                                         Other sp.
Red King Crab.........................  Pacific cod.............          0.6183          11,664           7,212
Zone 1................................  Yellowfin sole..........          0.1144          16,664           1,906
                                        Rock sole/flat. sole/             0.2841          59,782          16,984
                                         other flatfish.
                                        Pollock/Atka mackerel/            0.0227           1,615              37
                                         Other sp.
C. opilio.............................  Pacific cod.............          0.6183         124,736          77,124
COBLZ \3\,\4\.........................  Yellowfin sole..........          0.1144       2,776,981         317,687
                                        Rock sole/flat. sole/             0.2841         969,130         275,330
                                         other flatfish.
                                        Pollock/Atka mackerel/            0.0227          72,428           1,644
                                         Other sp.
                                        Rockfish \5\............          0.0245          40,237             986
                                        Turbot/Arrowtooth/                0.2327          40,238           9,363
                                         Sablefish.
C. bairdi.............................  Pacific cod.............          0.6183         183,112         113,218
Zone 1................................  Yellowfin sole..........          0.1144         340,844          38,993
                                        Rock sole/flat. sole/             0.2841         365,320         103,787
                                         other flatfish.
                                        Pollock/Atka mackerel/            0.0227          17,224             391
                                         Other sp.
C. bairdi.............................  Pacific cod.............          0.6183         324,176         200,438
Zone 2................................  Yellowfin sole..........          0.1144       1,788,459         204,600
                                        Rock sole/flat. sole/             0.2841         596,154         169,367
                                         other flatfish.
                                        Pollock/Atka mackerel/            0.0227          27,473             624
                                         Other sp.
                                        Rockfish................          0.0245          10,988            269
----------------------------------------------------------------------------------------------------------------
\1\ Halibut amounts are in metric tons of halibut mortality. Crab amounts are in numbers of animals.
\2\ Target fishery categories are defined in regulation at Sec.  679.21(e)(3)(iv).
\3\ C. opilio Bycatch Limitation Zone. Boundaries are defined at Figure 13 of 50 CFR part 679.

[[Page 984]]

 
\4\ The Council at its December 2001 meeting limited red king crab for trawl fisheries within the RKCSS to 35
  percent of the total allocation to the rock sole/flathead sole/'other flatfish'' fishery category (Sec.
  679.21(e)(3)(ii)(B)). ``Other flatfish'' for PSC monitoring includes all flatfish species, except for Pacific
  halibut (a prohibited species), Greenland turbot, rock sole, yellowfin sole, arrowtooth flounder.
\5\ The Council at its December 2001 meeting apportioned the rockfish PSC amounts from June 30--December 31.

2002 Sideboard Directed Fishing Closures

Catcher/Processor Sideboard Closures
    The Regional Administrator has determined that many of the AFA 
catcher/processor sideboard amounts listed in Table 13 are necessary as 
incidental catch to support other anticipated groundfish fisheries for 
the 2002 fishing year. In accordance with Sec. 679.20(d)(1)(iv), the 
Regional Administrator establishes these following amounts as directed 
fishing allowances. The Regional Administrator finds that many of these 
directed fishing allowances will be reached before the end of the year. 
Therefore, in accordance with Sec. 679.20(d)(1)(iii), NMFS is 
prohibiting directed fishing by unrestricted AFA catcher/processors for 
the species in the specified areas set out in Table 17.

Table 17.--AFA Unrestricted Catcher/Processor Sideboard Directed Fishing
                              Closures.\1\
[These closures take effect 1200 HRS A.L.T., January 20, 2002 and remain
         in effect through 2400 HRS, A.L.T., December 31, 2002]
------------------------------------------------------------------------
             Species                     Area             Gear types
------------------------------------------------------------------------
Sablefish trawl.................  BSAI..............  all.
Greenland turbot................  BSAI..............  all.
Arrowtooth flounder.............  BSAI..............  all.
Pacific ocean perch.............  BSAI..............  all.
Northern rockfish...............  BSAI..............  all.
Shortraker/Rougheye rockfish....  BSAI..............  all.
Other rockfish..................  BSAI..............  all.
Squid...........................  BSAI..............  all.
Other species...................  BSAI..............  all.
------------------------------------------------------------------------
\1\ Maximum retainable percentages may be found in Table 11 to 50 CFR
  part 679.

AFA Catcher Vessel Sideboard Closures
    The Regional Administrator has determined that many of the AFA 
catcher vessel sideboard amounts listed in Table 15 are necessary as 
incidental catch to support other anticipated groundfish fisheries for 
the 2002 fishing year. In accordance with Sec. 679.20(d)(1)(iv), the 
Regional Administrator establishes these amounts as directed fishing 
allowances. The Regional Administrator finds that many of these 
directed fishing allowances will be reached before the end of the year. 
Therefore, in accordance with Sec. 679.20(d)(1)(iii), NMFS is 
prohibiting directed fishing by non-exempt AFA catcher vessels for the 
species in the specified areas set out in Table 18.

  Table 18.--AFA Catcher Vessel Sideboard Directed Fishing Closures \1\
   [These closures take effect 12 Noon A.L.T., January 20, 2002. These
  closures will remain in effect through 2400 hrs, A.L.T., December 31,
                                  2002]
------------------------------------------------------------------------
             Species                     Area                Gear
------------------------------------------------------------------------
Pacific cod.....................  BSAI..............  hook-and-line,
                                                       pot, jig.
Sablefish.......................  BSAI..............  trawl.
Atka mackerel...................  BSAI..............  all.
Greenland Turbot................  BSAI..............  all.
Arrowtooth flounder.............  BSAI..............  all.
Pacific ocean perch.............  BSAI..............  all.
Northern rockfish...............  BSAI..............  all.
Shortraker/rougheye rockfish....  BSAI..............  all.
Other rockfish..................  BSAI..............  all.
Squid...........................  BSAI..............  all.
Other species...................  BSAI..............  all.
------------------------------------------------------------------------
\1\ Maximum retainable percentages may be found in Table 11 to 50 CFR
  part 679.

Increase in 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 its 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 
contribute to 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 2002 harvest specification process for the BSAI 
fisheries, the Bering Sea pollock TAC was set at 1,485,000 mt, based on 
increases to the 2002 pollock ABC and OFL. This is a 6 percent increase 
over the 2001 pollock TAC of 1,400,000 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 often sets the TAC for a particular groundfish 
species below its designated ABC. It selected an arrowtooth flounder 
TAC of approximately 14 percent of the arrowtooth flounder 2002 ABC of 
113,000 mt. This means that the amount of the arrowtooth flounder CDQ 
reserve and the subsequent contribution of this amount to the CDQ non-
specified reserve is proportionately decreased for 2002.
    During the first 3 years of the groundfish CDQ fisheries, the CDQ 
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. This initiated concern among CDQ program participants 
that vessels fishing for groundfish CDQ would 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. NMFS 
regulations limit the amount of ``other species'' CDQ available to each 
CDQ group and prohibit the groups from exceeding their allocations.
    At its April 2001 meeting, the Council 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. This was done in the SSL/
Harvest Specifications interim emergency rule extension on July 17, 
2001 (66 FR 37167). During the 2002 BSAI groundfish specification 
setting process, the Council again requested that NMFS amend 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 2002.

[[Page 985]]

    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 this reserve for 2002. This increase will 
allow CDQ groups to transfer additional 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 (26,201 mt), the CDQ reserve 
(2,312 mt), and the current amount of arrowtooth flounder in the CDQ 
non-specific reserve that could be released to the ``other species'' 
category (180 mt). The sum of these components is 28,693 mt. If 50 
percent (600 mt) of the arrowtooth flounder CDQ reserve is moved to the 
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 29,113 mt. This is 420 mt more than the currently 
available total ``other species'' amount of 28,693 mt. However, the 
increase in the overall amount of ``other species'' available for 
harvest via transfers from the CDQ non-specific reserve is still less 
than the combined CDQ and non-CDQ fisheries 2002 ``other species'' TAC 
of 30,825 mt and will not likely result in the total catch of ``other 
species'' exceeding the 2002 ``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. Even after adjusting the contribution of 
arrowtooth flounder to the CDQ non-specific reserve, the total 
permissible catch of ``other species'' and arrowtooth flounder in both 
the CDQ and non-CDQ groundfish fisheries remains below the initially 
recommended TAC for each species. The 2002 ABC and OFL thresholds are 
not impacted, since this action does not adjust permissible overall 
catch levels to the extent that they approach the ABC or OFL for either 
species. The aggregate amount of groundfish allocated to the CDQ sector 
will remain the same even with this increased contribution of 
arrowtooth flounder to the CDQ non-specific reserve, and the CDQ sector 
will still be constrained by existing prohibitions against exceeding 
specific CDQ amounts.

Gulf of Alaska

    The SSC adopted the OFL recommendations from the Plan Team, which 
were provided in the November 2001 GOA SAFE report (See ADDRESSES) for 
all groundfish species categories. The SSC also adopted the ABC and 
area apportionment recommendations from the Plan Team, which were 
provided in the GOA SAFE report, for all of the groundfish species 
categories.
    The AP adopted the SSC's OFL and ABC recommendations and developed 
TAC recommendations for all species. The Council adopted the AP's OFL, 
ABC, and TAC recommendations for all species.
    The SSC's, AP's and Council's recommendation for the method of 
apportioning the sablefish ABC among management areas includes 
commercial fishery as well as survey data, as in 2001. NMFS stock 
assessment scientists believe that the use of unbiased commercial 
fishery data reflecting catch-per-unit effort provides a desirable 
input for stock distribution assessments. The use of commercial fishery 
data is evaluated annually to assure that unbiased information is 
included in stock distribution models. The Council's recommendation for 
sablefish area apportionments also takes into account the prohibition 
on the use of trawl gear in the Southeast Outside (SEO) District of the 
Eastern GOA and makes available 5 percent of the combined Eastern GOA 
sablefish ABCs to trawl gear for use as incidental catch in other 
directed groundfish fisheries in the West Yakutat (WYK) District.
    The AP and Council recommended that the ABC for Pacific cod in the 
GOA be apportioned among regulatory areas based on the three most 
recent NMFS summer trawl surveys conducted in 1996, 1999, and 2001. As 
in previous years, the Plan Team, SSC, and Council recommended that 
total removals of Pacific cod from the GOA not exceed ABC 
recommendations. Accordingly, the Council recommended that the TACs be 
adjusted downward from the ABCs by amounts equal to the 2002 guideline 
harvest levels (GHL) established for Pacific cod by the State of Alaska 
for the State-managed fishery. The effect of the State's GHL on the 
Pacific cod TAC is discussed in greater detail below.
    The Council's recommended ABCs are listed in Table 19. These 
amounts reflect harvest amounts that are less than the specified 
overfishing amounts. The sum of 2002 ABCs for all assessed groundfish 
is 394,780 mt, which is lower than the 2001 ABC total of 447,710 mt.

2002 GOA Harvest Specifications

Specifications of TAC and Reserves

    The Council recommended that TACs be set equal to ABCs for pollock, 
deep-water flatfish, rex sole, sablefish, shortraker and rougheye 
rockfish, northern rockfish, Pacific Ocean perch, pelagic shelf 
rockfish, thornyhead rockfish, demersal shelf rockfish, and Atka 
mackerel. The Council recommended TACs be set less than the ABCs for 
Pacific cod, flathead sole, shallow-water flatfish, arrowtooth 
flounder, and other rockfish.
    The TAC for pollock in the combined W/C/WYK area of the GOA has 
decreased from 89,415 mt in 2001 to 51,790 mt in 2002. The 2002 TAC in 
the SEO District of the Eastern GOA is unchanged from 2001 at 6,460 mt. 
The apportionment of annual pollock TAC among the Western and Central 
Regulatory Areas of the GOA reflects the seasonal biomass distribution 
and is discussed in greater detail below.
    Under this emergency interim rule, the annual pollock TAC in the 
Western and Central Regulatory Areas of the GOA is divided into four 
equal seasonal apportionments. Twenty-five percent of the annual TAC in 
the Western and Central Regulatory Areas of the GOA is apportioned to 
the A season (January 20 through February 25), the B season (March 10 
through May 31), the C season (August 25 through September 15), and the 
D season (October 1 through November 1) in Statistical Areas 610, 620, 
and 630 of the GOA (Sec. 679.23(d)(3)(i) through (iv)). The derivation 
of the seasonal apportionment amounts in these areas is discussed 
below.
    The 2002 Pacific cod TAC is affected by the State's developing 
fishery for Pacific cod in State waters in the Central and Western GOA, 
as well as Prince William Sound (PWS). The SSC, AP, and Council 
recommended that the sum of all State and Federal water Pacific cod 
removals should not exceed the ABC. Accordingly, the Council 
recommended that the Pacific cod TAC be reduced from ABC levels to 
account for State GHLs in each regulatory area of the GOA so that the 
TAC for (1) The Eastern GOA is lower than the ABC by 864 mt, (2) the 
Central GOA is lower than the ABC by 6,890 mt, and (3) the Western GOA 
is lower than the ABC by 5,616 mt. These amounts reflect the sum of 
State's 2002 GHLs in these areas which are 25 percent, 21.75 percent, 
and 25 percent of the Eastern, Central,

[[Page 986]]

and Western GOA ABCs, respectively. These percentages are unchanged 
from 2001.
    NMFS is also establishing seasonal apportionments of the annual 
Pacific cod TAC in the Western and Central Regulatory Areas at 60 
percent of the annual TAC for the January 1 through June 10 A season 
for nontrawl gear and January 20 through June 10 A season for trawl 
gear. 40 percent of the annual TAC is allocated to the B season. For 
nontrawl gear, the B season extends from September 1 through December 
31 and for trawl gear the B seasons extends from September 1 through 
November 1. These seasonal apportionments of the annual Pacific cod TAC 
are discussed in greater detail below.
    The FMP specifies that the amount for the ``other species'' 
category is calculated as 5 percent of the combined TAC amounts for 
target species. The 2002 GOA-wide ``other species'' TAC is 11,330 mt, 
which is 5 percent of the sum of the combined TAC amounts (226,560 mt) 
for the assessed target species. The sum of the TACs for all GOA 
groundfish is 237,890 mt, which is within the OY range specified by the 
FMP. The sum of the 2002 TACs is lower than the 2001 TAC sum of 285,994 
mt. NMFS has reviewed the Council's recommended TAC specifications and 
apportionments and hereby approves these specifications under 
Sec. 679.20(c)(3)(ii). The 2002 ABCs, TACs, and OFLs are shown in Table 
19.

Table 19.--2002 ABCs, TACs, and Overfishing Levels of Groundfish for the Western/Central/West Yakutat (W/C/WYK),
 Western (W), Central (C), Eastern (E) Regulatory Areas, and in the West Yakutat (WYK), Southeast Outside (SEO),
                               and Gulf-Wide (GW) Districts of the Gulf of Alaska
                                           [Values are in metric tons]
----------------------------------------------------------------------------------------------------------------
                Species                         Area \1\                ABC             TAC         Overfishing
----------------------------------------------------------------------------------------------------------------
Pollock \2\...........................
    Shumagin..........................  (610)...................          17,730          17,730  ..............
    Chirikof..........................  (620)...................          23,045          23,045  ..............
    Kodiak............................  (630)...................           9,850           9,850  ..............
    WYK...............................  (640)...................           1,165           1,165  ..............
    Subtotal..........................  W/C/WYK.................          51,790          51,790          75,480
    SEO...............................  (650)...................           6,460           6,460           8,610
                                                                 -----------------------------------------------
        Total.........................  ........................          58,250          58,250          84,090
Pacific cod \3\.......................
                                        W.......................          22,465          16,849  ..............
                                        C.......................          31,680          24,790  ..............
                                        E.......................           3,455           2,591  ..............
                                                                 -----------------------------------------------
        Total.........................  ........................          57,600          44,230          77,100
Flatfish (deep-water) \4\.............  W.......................             180             180  ..............
                                        C.......................           2,220           2,220  ..............
                                        WYK.....................           1,330           1,330  ..............
                                        SEO.....................           1,150           1,150  ..............
                                                                 -----------------------------------------------
        Total.........................  ........................           4,880           4,880           6,430
Rex sole \4\..........................  W.......................           1,280           1,280  ..............
                                        C.......................           5,540           5,540  ..............
                                        WYK.....................           1,600           1,600  ..............
                                        SEO.....................           1,050           1,050  ..............
                                                                 -----------------------------------------------
        Total.........................  ........................           9,470           9,470          12,320
Flathead sole.........................  W.......................           9,000           2,000  ..............
                                        C.......................          11,410           5,000  ..............
                                        WYK.....................           1,590           1,590  ..............
                                        SEO.....................             690             690  ..............
                                                                 -----------------------------------------------
        Total.........................  ........................          22,690           9,280          29,530
Flatfish (shallow-water) \5\..........  W.......................          23,550           4,500  ..............
                                        C.......................          23,080          13,000  ..............
                                        WYK.....................           1,180           1,180  ..............
                                        SEO.....................           1,740           1,740  ..............
                                                                 -----------------------------------------------
        Total.........................  ........................          49,550          20,420          61,810
Arrowtooth flounder...................  W.......................          16,960           8,000  ..............
                                        C.......................         106,580          25,000  ..............
                                        WYK.....................          17,150           2,500  ..............
                                        SEO.....................           5,570           2,500  ..............
                                                                 -----------------------------------------------
        Total.........................  ........................         146,260          38,000         171,060
Sablefish \6\.........................  W.......................           2,240           2,240  ..............
                                        C.......................           5,430           5,430  ..............
                                        WYK.....................           1,940           1,940  ..............
                                        SEO.....................           3,210           3,210  ..............
    Subtotal..........................  E.......................           5,150           5,150  ..............
                                                                 -----------------------------------------------
        Total.........................  ........................          12,820          12,820          19,350
Pacific ocean perch \7\...............  W.......................           2,610           2,610           3,110
                                        C.......................           8,220           8,220           9,760

[[Page 987]]

 
                                        WYK.....................             780             780  ..............
                                        SEO.....................           1,580           1,580  ..............
    Subtotal..........................  E.......................  ..............  ..............           2,800
                                                                 -----------------------------------------------
        Total.........................  ........................          13,190          13,190          15,670
Short raker/rougheye \8\..............  W.......................             220             220  ..............
                                        C.......................             840             840  ..............
                                        E.......................             560             560  ..............
                                                                 -----------------------------------------------
        Total.........................  ........................           1,620           1,620           2,340
Other rockfish \9\,\10\...............  W.......................              90              90  ..............
                                        C.......................             550             550  ..............
                                        WYK.....................             260             150  ..............
                                        SEO.....................           4,140             200  ..............
                                                                 -----------------------------------------------
        Total.........................  ........................           5,040             990           6,610
Northern Rockfish \10\,\12\...........  W.......................             810             600  ..............
                                        C.......................           4,170           4,170  ..............
                                        E.......................             N/A             N/A  ..............
                                                                 -----------------------------------------------
        Total.........................  ........................           4,980           4,980           5,910
Pelagic shelf rockfish \13\...........  W.......................             510             510  ..............
                                        C.......................           3,480           3,480  ..............
                                        WYK.....................             640             640  ..............
                                        SEO.....................             860             860  ..............
----------------------------------------------------------------------------------------------------------------
        Total.........................  ........................           5,490           5,490           8,220
Thornyhead rockfish...................  W.......................             360             360  ..............
                                        C.......................             840             840  ..............
                                        E.......................             790             790  ..............
                                                                 -----------------------------------------------
        Total.........................  ........................           1,990           1,990           2,330
Demersal shelf rockfish \11\..........  SEO.....................             350             350             480
Atka mackerel.........................  GW......................             600             600           6,200
Other species \14\....................  GW......................        \15\ N/A          11,330             N/A
                                                                 -----------------------------------------------
        Total \16\....................  ........................         394,780         237,890        509,450
----------------------------------------------------------------------------------------------------------------
\1\ Regulatory areas and districts are defined at Sec.  679.2.
\2\ Pollock is apportioned in the Western/Central Regulatory areas among three statistical areas. During the A
  and B seasons the apportionment is based on the relative distribution of pollock biomass at 23 percent, 68
  percent, and 9 percent in Statistical Areas 610, 620, and 630 respectively. During the C and D seasons pollock
  is apportioned based on the relative distribution of pollock biomass at 47 percent, 23 percent, and 30 percent
  in Statistical Areas 610, 620, and 630 respectively. These seasonal apportionments are shown in Table 21. In
  the West Yakutat and the Southeast Outside Districts of the Eastern Regulatory Area the annual pollock TAC is
  not divided into seasonal allowances.
\3\ The annual Pacific cod TAC is apportioned 60 percent to an A season and 40 percent to a B season in the
  Western and Central Regulatory Areas of the GOA. Pacific cod is allocated 90 percent for processing by the
  inshore component and 10 percent for processing by the offshore component. Seasonal apportionments and
  component allocations of TAC are shown in Table 22.
\4\ ``Deep water flatfish'' means Dover sole, Greenland turbot, and deepsea sole.
\5\ ``Shallow water flatfish'' means flatfish not including ``deep water flatfish,'' flathead sole, rex sole, or
  arrowtooth flounder.
\6\ Sablefish is allocated to trawl and hook-and-line gears (Table 20).
\7\ ``Pacific ocean perch'' means Sebastes alutus.
\8\ ``Shortraker/rougheye rockfish'' means Sebastes borealis (shortraker) and S. aleutianus (rougheye).
\9\ ``Other rockfish'' in the Western and Central Regulatory Areas and in the West Yakutat District means slope
  rockfish and demersal shelf rockfish. The category ``other rockfish'' in the Southeast Outside District means
  Slope rockfish.
\10\ ``Slope rockfish'' means Sebastes aurora (aurora), S. melanostomus (blackgill), S. paucispinis (bocaccio),
  S. goodei (chilipepper), S. crameri (darkblotch), S. elongatus (greenstriped), S. variegatus (harlequin), S.
  wilsoni (pygmy), S. babcocki (redbanded), S. proriger (redstripe), S. zacentrus (sharpchin), S. jordani
  (shortbelly), S. brevispinis (silvergrey), S. diploproa (splitnose), S. saxicola (stripetail), S. miniatus
  (vermilion), and S. reedi (yellowmouth). In the Eastern GOA only, ``slope rockfish'' also includes northern
  rockfish, S. polyspinous.
\11\ ``Demersal shelf rockfish'' means Sebastes pinniger (canary), S. nebulosus (china), S. caurinus (copper),
  S. maliger (quillback), S. helvomaculatus (rosethorn), S. nigrocinctus (tiger), and S. ruberrimus (yelloweye).
 
\12\ ``Northern rockfish'' means Sebastes polyspinis.
\13\ ``Pelagic shelf rockfish'' means Sebastes ciliatus (dusky), S. entomelas (widow), and S. flavidus
  (yellowtail).
\14\ ``Other species'' means sculpins, sharks, skates, squid, and octopus. The TAC for ``other species'' equals
  5 percent of the TACs of assessed target species.
\15\ N/A means not applicable.
\16\ The total ABC is the sum of the ABCs for assessed target species.


[[Page 988]]

Apportionment of Reserves

    Regulations implementing the FMP require 20 percent of each TAC for 
pollock, Pacific cod, flatfish, and the ``other species'' category be 
set aside in reserves for possible apportionment at a later date 
(Sec. 679.20(b)(2)). In 2001, NMFS reapportioned all of the reserves in 
the final harvest specifications. Between 1997 and 2000, NMFS retained 
the Pacific cod reserve to provide for a management buffer to account 
for excessive fishing effort and incomplete or late catch reporting. 
NMFS believes this is no longer necessary as estimates of catch and 
incidental catch needs in other directed fisheries have improved in 
recent years. For 2002, NMFS has reapportioned all of the reserve for 
pollock, Pacific cod, flatfish, and ``other species''. Specifications 
of TAC shown in Table 19 reflect apportionment of reserve amounts for 
these species and species groups.

Allocations of the Sablefish TACs to Vessels Using Hook-and-Line and 
Trawl Gear

    Under Sec. 679.20(a)(4)(i) and (ii), sablefish TACs for each of the 
regulatory areas and districts are allocated to hook-and-line and trawl 
gear. In the Western and Central Regulatory Areas, 80 percent of each 
TAC is allocated to hook-and-line gear and 20 percent of each TAC is 
allocated to trawl gear. In the Eastern Regulatory Area, 95 percent of 
the TAC is allocated to hook-and-line gear and 5 percent is allocated 
to trawl gear. The trawl gear allocation in the Eastern Regulatory Area 
may only be used to support incidental catch of sablefish in directed 
fisheries for other target species. In recognition of the trawl ban in 
the SEO District of the Eastern Regulatory Area, the Council 
recommended that 5 percent of the combined Eastern GOA sablefish be 
allocated to trawl gear in the WYK District and the remainder to 
vessels using hook-and-line gear. In the SEO District, 100 percent of 
the sablefish TAC is allocated to vessels using hook-and-line gear. 
This recommendation results in an allocation of 258 mt to trawl gear 
and 1,682 mt to hook-and-line gear in the WYK District and 3,210 mt to 
hook-and-line gear in the SEO District. Table 20 shows the allocations 
of the 2002 sablefish TACs between hook-and-line gear and trawl gear.

 Table 20.--2002 Sablefish TAC Specifications in the Gulf of Alaska and Allocations Thereof to Hook-and-Line and
                                                   Trawl Gear
                                           [Values are in metric tons]
----------------------------------------------------------------------------------------------------------------
                                                                                   Hook-and-line       Trawl
                          Area/District                                 TAC        apportionment   apportionment
----------------------------------------------------------------------------------------------------------------
Western.........................................................           2,240           1,792             448
Central.........................................................           5,430           4,344           1,086
West Yakutat....................................................           1,940           1,682             258
Southeast Outside...............................................           3,210           3,210               0
                                                                 -----------------------------------------------
    Total.......................................................          12,820          11,028           1,792
----------------------------------------------------------------------------------------------------------------

Apportionments of Pollock TAC Among Seasons and Regulatory Areas, and 
Allocations for Processing by Inshore and Offshore Components

    In the GOA, pollock is apportioned by season and area, and is 
further allocated for processing by inshore and offshore components. 
Under this emergency interim rule implementing Steller sea lion 
protection measures for 2002, the annual pollock TAC specified for the 
Western and Central Regulatory Areas of the GOA is apportioned into 
four equal seasonal allowances of 25 percent 
(Sec. 679.20(a)(5)(ii)(C)). As established by Sec. 679.23(d)(3), the A, 
B, C, and D season allowances are available from January 20 through 
February 25, from March 10 through May 31, from August 25 through 
September 15, and from October 1 through November 1, respectively.
    Pollock TACs in the Western and Central Regulatory Areas of the GOA 
in the A and B seasons are apportioned among Statistical Areas 610, 
620, and 630 in proportion to the distribution of pollock biomass as 
determined by a composite of NMFS winter surveys and in the C and D 
seasons in proportion to the distribution of pollock biomass as 
determined by the four most recent NMFS summer surveys. Within any 
fishing year, underage or overage of a seasonal allowance may be added 
to or subtracted from subsequent seasonal allowances in a manner to be 
determined by the Regional Administrator, Alaska Region, NMFS, provided 
that the sum of the revised seasonal allowances does not exceed 30 
percent of the annual TAC apportionment for the Central and Western 
Regulatory Areas in the GOA (Sec. 679.20(a)(5)(ii)(C)). For 2002, 30 
percent of the annual TAC for the Central and Western Regulatory Areas 
is 15,187 mt. For 2002, the Regional Administrator has determined that 
within each area for which a seasonal allowance is established, any 
overage or underage of harvest at the beginning of the next season(s) 
shall be subtracted from or added to the following season provided that 
the resulting sum of seasonal allowances in the Central and Western 
Regulatory Areas does exceed 15,187 mt in any single season. The WYK 
and SEO District pollock TACs of 1,165 mt and 6,460 mt, respectively, 
are not allocated seasonally.
    Regulations at Sec. 679.20(a)(6)(ii) require that 100 percent of 
the pollock TAC in all regulatory areas and all seasonal allowances 
thereof be allocated to vessels catching pollock for processing by the 
inshore component after subtraction of amounts that are projected by 
the Regional Administrator to be caught by, or delivered to, the 
offshore component incidental to directed fishing for other groundfish 
species. The amount of pollock available for harvest by vessels 
harvesting pollock for processing by the offshore component is that 
amount actually taken as bycatch during directed fishing for groundfish 
species other than pollock, up to the maximum retainable bycatch 
amounts allowed under regulations at Sec. 679.20(e) and (f). At this 
time, these bycatch amounts are unknown and will be determined during 
the fishing year.
    The seasonal biomass distribution of pollock in the Western and 
Central GOA, area apportionments, and seasonal apportionments for the 
A, B, C, and D seasons are summarized in Table 21, except that amounts 
of pollock for processing by the inshore and offshore component are not 
shown.

[[Page 989]]



 Table 21.--Distribution of Pollock in the Central and Western Regulatory Areas of the Gulf of Alaska; Seasonal
            Biomass Distribution, Area Apportionments; and Seasonal Allowances of Annual TAC in 2002
                                               [Values are in mt]
----------------------------------------------------------------------------------------------------------------
                                                      Area
-----------------------------------------------------------------------------------------------------------------
                               Shumagin (Area 610)  Chirikof (Area 620)   Kodiak (Area 630)
          Season \1\                 (biomass             (biomass             (biomass         Total (biomass
                                distribution \2\)      distribution)        distribution)        distribution)
----------------------------------------------------------------------------------------------------------------
A............................  2,916 (23%)........  8,618 (68%)........  1,122 (9%).........  12,656 (100%)
B............................  2,916 (23%)........  8,618 (68%)........  1,122 (9%).........  12,656 (100%)
C............................  5,949 (47%)........  2,905 (23%)........  3,803 (30%)........  12,657 (100%)
D............................  5,949 (47%)........  2,904 (23%)........  3,803 (30%)........  12,656 (100%)
                              ----------------------------------------------------------------------------------
    Annual Total.............  17,730.............  23,045.............  9,850..............  50,625
----------------------------------------------------------------------------------------------------------------
\1\ These emergency interim regulations for pollock in the GOA which specify A and B season dates and harvest
  limitations, expires July 8, 2002, before the C and D seasons are scheduled to begin. Therefore, the C and D
  seasons are not authorized unless either this emergency rule is extended, or proposed and final rulemaking is
  completed.
\2\ Biomass distribution is rounded to the nearest 1%.

Seasonal Apportionments of Pacific Cod TAC and Allocations for 
Processing of Pacific Cod TAC Between Inshore and Offshore Components

    As described in Part I above, Pacific cod fishing is divided into 
two seasons in the Western and Central Regulatory Areas of the GOA. The 
A season begins on January 1, 2002, and ends on June 10, 2002, for 
nontrawl gear and begins on January 20, 2002, and ends on June 10, 
2002, for trawl gear. The B season begins on September 1, 2002, for all 
gear types and ends on December 31, 2002, for nontrawl gear and 
November 1, 2002, for trawl gear. After subtraction of incidental 
catch, 60 percent and 40 percent of the annual TAC will be available 
for harvest during the A and B seasons, respectively, and will be 
apportioned between the inshore and offshore processing components as 
provided in Sec. 679.20(a)(6)(iii). Directed fishing for Pacific cod 
between the A and the B seasons is closed and fishermen participating 
in other directed fisheries may retain Pacific cod up to the maximum 
retainable bycatch amounts allowed under regulations at Sec. 679.20(e) 
and (f). The time of day of all openings and closures of fishing 
seasons, other than the beginning and ending of the calender fishing 
year, is 1200 hours, A.l.t. For purposes of clarification, NMFS points 
out that the A season and the B season Pacific cod fishery dates differ 
from those of the A, B, C, and D seasons for the pollock fisheries. Any 
overage or underage of Pacific cod harvest from the A season shall be 
subtracted from or added to the subsequent B season. Any incidental 
catch of Pacific cod after the A season closes will be subtracted from 
the B season.
    Regulations at Sec. 679.20(a)(6)(iii) require that the TAC 
apportionment of Pacific cod in all regulatory areas be allocated to 
vessels catching Pacific cod for processing by the inshore and offshore 
components. Ninety percent of the Pacific cod TAC in each regulatory 
area is allocated to vessels catching Pacific cod for processing by the 
inshore component. The remaining 10 percent of the TAC is allocated to 
vessels catching Pacific cod for processing by the offshore component. 
These seasonal apportionments and allocations of the Pacific cod TAC 
for 2002 are shown in Table 22.

    Table 22.--2002 Seasonal Apportionments and Allocation of Pacific cod TAC Amounts in the Gulf of Alaska;
                        Allocations for Processing by the Inshore and Offshore Components
                                               [Values are in mt]
----------------------------------------------------------------------------------------------------------------
                                                                                       Component Allocation
                         Regulatory area                                TAC      -------------------------------
                                                                                   Inshore (90%)  Offshore (10%)
----------------------------------------------------------------------------------------------------------------
Western.........................................................          16,849          15,164           1,685
A Season (60%)..................................................          10,109           9,098           1,011
B Season (40%)..................................................           6,740           6,066             674
Central.........................................................          24,790          22,311           2,479
A Season (60%)..................................................          14,874          13,387           1,487
B Season (40%)..................................................           9,916           8,924             992
Eastern.........................................................           2,591           2,332             259
                                                                 -----------------------------------------------
    Total.......................................................          44,230          39,807           4,423
----------------------------------------------------------------------------------------------------------------

Pacific Halibut PSC Mortality Limits

    Under Sec. 679.21(d), annual Pacific halibut PSC limits are 
established and apportioned to trawl and hook-and-line gear and may be 
established for pot gear.
    As in 2001, the Council recommended that pot gear, jig gear, and 
the hook-and-line sablefish fishery be exempted from the non-trawl 
halibut limit for 2002. The Council recommended these exemptions 
because of the low halibut bycatch mortality experienced in the pot 
gear fisheries (4 mt in 2001) and because of the 1995 implementation of 
the sablefish and halibut Individual Fishing Quota program, which 
allows legal-sized halibut to be retained in the

[[Page 990]]

sablefish fishery. Halibut mortality for the jig gear fleet cannot be 
estimated because these vessels do not carry observers. However, 
halibut mortality is assumed to be very low given the small amount of 
groundfish harvested by this gear type (336 mt in 2001) and the assumed 
high survival rate of any halibut that are incidentally taken and 
released.
    As in 2001, the Council recommended a hook-and-line halibut PSC 
mortality limit of 300 mt. Ten mt of this limit are apportioned to the 
demersal shelf rockfish fishery in the Southeast Outside District. The 
fishery is defined at Sec. 679.21(d)(4)(iii)(A) and historically has 
been apportioned this amount in recognition of its small scale 
harvests. Observer data are not available to verify actual bycatch 
amounts given that most vessels are less than 60 ft (13.5 m) LOA and 
are exempt from observer coverage. The remainder of the PSC limit is 
seasonally apportioned among the non-sablefish hook-and-line gear 
fisheries as shown in Table 23.
    The Council continued to recommend a trawl halibut PSC mortality 
limit of 2,000 mt for 2002. The PSC limit has remained unchanged since 
1989. Regulations at Sec. 679.21(d)(3)(iii) authorize separate 
apportionments of the trawl halibut PSC limit between trawl fisheries 
for deep-water and shallow-water species. Regulations at 
Sec. 679.21(d)(5) authorize seasonal apportionments of halibut PSC 
limits.
    NMFS concurs in the Council's recommendations described above and 
listed in Table 23. The following types of information as presented in, 
and summarized from, the current SAFE report, or as otherwise available 
from NMFS, ADF&G, the International Pacific Halibut Commission (IPHC), 
or public testimony were considered:
(A) Estimated Halibut Bycatch in Prior Years
    The best available information on estimated halibut bycatch is data 
collected by observers during 2001. The calculated halibut bycatch 
mortality by trawl, hook-and-line, and pot gear through December 7, 
2001, is 2,205 mt, 286 mt, and 4 mt, respectively, for a total halibut 
mortality of 2,495 mt.
    Halibut bycatch restrictions seasonally constrained trawl gear 
fisheries during the 2001 fishing year. Trawling for the deep-water 
fishery complex was closed for the second season on May 25 (66 FR 
29511, May 31, 2001) and for the third season on July 23 (66 FR 39119, 
July 27, 2001). The shallow-water fishery complex was closed for the 
second season on April 27 (66 FR 21886, May 2, 2001), the fishery was 
reopened from May 21 to May 26 (66 FR 28679, May 24, 2001, and 66 FR 
29512, May 31, 2001), for the third season on June 27 (66 FR 34852, 
July 2, 2001), and for the fourth season on August 4 (66 FR 41455, 
August 8, 2001). The fishery was reopened from September 1 to September 
4 (66 FR 34852, July 2, 2001, and 66 CF 46967, September 10, 2001). All 
trawling in the GOA closed (with the exception of pelagic trawl gear 
targeting pollock) for the remainder of the year on October 21 (66 FR 
53736, October 24, 2001).
    The three seasonal apportionments of the hook-and-line halibut 
bycatch mortality limit resulted in closures of hook-and-line gear 
fisheries for groundfish other than sablefish and demersal shelf 
rockfish on February 26 (66 FR 12912, March 1, 2001), May 17 (66 FR 
27043, May 16, 2000), and on September 4 (66 FR 46404, September 5, 
2001).
(B) Expected Changes in Groundfish Stocks
    In December 2001, the Council adopted higher 2002 ABCs for rex 
sole, shallow water flatfish, flathead sole, other rockfish, northern 
rockfish, and demersal shelf rockfish than those established for 2001. 
The Council adopted lower 2002 ABCs for pollock, Pacific cod, deep 
water flatfish, arrowtooth flounder, sablefish, Pacific Ocean perch, 
shortraker and rougheye rockfish, pelagic shelf rockfish, and 
thornyhead rockfish than those established for 2001. More information 
on these changes is included in the final SAFE report (November 2001) 
and in the Council and SSC December 2001 meeting minutes.
(C) Expected Changes in Groundfish Catch
    The total of the 2002 TACs for the GOA is 237,888 mt, a decrease of 
17 percent from the 2001 TAC total of 285,994 mt. Those fisheries for 
which the 2002 TACs are lower than in 2001 are pollock (decreased to 
58,250 mt from 95,875 mt), Pacific cod (decreased to 44,230 mt from 
52,110 mt), deep water flatfish (decreased to 4,880 mt from 5,300 mt), 
sablefish (decreased to 12,820 mt from 12,840 mt), Pacific Ocean perch 
(decreased to 13,190 mt from 13,510 mt), shortraker and rougheye 
rockfish (decreased to 1,620 mt from 1,730 mt), other rockfish 
(decreased to 990 mt from 1,010 mt), pelagic shelf rockfish (decreased 
to 5,490 mt from 5,980 mt), thornyhead rockfish (decreased to 1,990 mt 
from 2,310 mt), and ``other species'' (decreased to 11,330 mt from 
13,619 mt). Those species for which the 2002 TACs are higher than in 
2001 are rex sole (increased to 9,470 mt from 9,440 mt), flathead sole 
(increased to 9,280 mt from 9,060 mt), shallow water flatfish 
(increased to 20,420 mt from 19,400 mt), northern rockfish (increased 
to 4,980 mt from 4,880 mt), and demersal shelf rockfish (increased to 
350 mt from 330 mt).
(D) Current Estimates of Halibut Biomass and Stock Condition
    The most recent halibut stock assessment was conducted by the 
International Pacific Halibut Commission (IPHC) in December 2000. The 
halibut resource is considered to be healthy, with total catch near 
record levels. The current exploitable halibut biomass for 2001 is 
estimated to be 249,007 mt, using an age-specific estimate for 2001. In 
the age-specific estimate, the assumption is that the selection of fish 
by the survey is based primarily on the age of the fish and reflects 
the availability of fish of different ages on the grounds. This is an 
increase from the estimate of 135,172 mt in 2000. The difference is in 
large part due to omitting a precautionary downward correction used in 
the 1999 assessment which was based on presumed increased fishing power 
of baits recently used in the surveys. The 2000 estimate for 
exploitable biomass in 2001 of 249,007 mt is now similar to the 1998 
estimate for exploitable biomass in 1999 of 227,366 mt before the 
fishing power correction was made. The IHPC believes that exploitable 
biomass of the Pacific halibut stock peaked at 326,520 mt in 1988. 
According to the IHPA, the long-term average reproductive biomass for 
the Pacific halibut resource is estimated at 118,000 mt. Long-term 
average yield is estimated at 26,980 mt, round weight. The species is 
fully utilized. Average catches (1994-96) are 33,580 mt for the U.S. 
and 6,410 mt for Canada, for a combined total of 39,990 mt for the 
entire Pacific halibut resource. This catch is 48 percent higher than 
the long-term potential yield, which reflects the good condition of the 
Pacific halibut resource. In January 2001, the IPHC recommended 
commercial catch limits totaling 37,120 mt (round weight equivalents) 
for Alaska in 2001, up from 33,910 mt in 2000. Through November 23, 
2001, commercial hook-and-line harvests of halibut in Alaska totaled 
35,293 mt (round weight equivalents).
    The major change in the assessment results for 2000 came from the 
elimination of the downward correction in recent survey catch rates 
that was applied in 1999, to account for a suspected increase in the 
fishing power

[[Page 991]]

of the surveys due to a bait change in 1993. Experiments conducted in 
2000 have shown that the precautionary adjustment is not required. The 
stock assessment shows only minor changes for the southern portion of 
the range (Areas 2A, 2B, and 2C). Improvements in the estimated biomass 
of the stock in Area 3A are accounted for largely by the change in the 
treatment of historical survey data. Weight at age for halibut in the 
central portion of the range increased slightly in 2000 over the very 
low values of recent years. However, recruitment of year classes born 
between 1989 and 1993 appears to be poor. The outlook for the stock 
biomass over the near future is for a decline from the record high 
levels of recent years until increased recruitment to the stock occurs.
    Additional information on the Pacific halibut stock assessment may 
be found in the final SAFE report (November 2001) and in the IPHC's 
2000 Pacific halibut stock assessment (December 2000). The 2001 Pacific 
halibut stock assessment for 2002 will be considered by the IPHC at its 
January 2002 annual meeting in setting the 2002 commercial halibut 
fishery quotas. IPHC staff have made a preliminary catch recommendation 
of 36,812 mt (round weight equivalents) for Alaska waters in 2002, a 
decrease of 308 mt from 2001.
(E) Other Factors
    The allowable commercial catch of halibut will be adjusted to 
account for the overall halibut PSC mortality limit established for 
groundfish fisheries. The 2002 GOA groundfish fisheries are expected to 
use the entire proposed halibut PSC limit of 2,300 mt. The allowable 
directed commercial catch is determined by accounting for the 
recreational and subsistence catch, waste, and bycatch mortality and 
then providing the remainder to the directed fishery. Groundfish 
fishing is not expected to adversely affect the halibut stocks.
    Methods available for reducing halibut bycatch include: (1) 
Reducing halibut bycatch rates through the Vessel Incentive Program; 
(2) modifications to gear; (3) changes in groundfish fishing seasons; 
(4) individual transferable quota programs; and (5) time/area closures.
    Reductions in groundfish TAC amounts provide no incentive for 
fishermen to reduce bycatch rates. Costs that would be imposed on 
fishermen as a result of reducing TAC amounts depend on the species and 
amounts of groundfish foregone.
    Trawl vessels carrying observers for purposes of complying with 
observer coverage requirements (Sec. 679.50) are subject to the Vessel 
Incentive Program. This program encourages trawl fishermen to avoid 
high halibut bycatch rates while conducting groundfish fisheries by 
specifying bycatch rate standards for various target fisheries.
    Current regulations (Sec. 679.2 Authorized fishing gear (12)) 
specify requirements for biodegradable panels and tunnel openings for 
groundfish pots to reduce halibut bycatch. As a result, low bycatch and 
mortality rates of halibut in pot fisheries have justified exempting 
pot gear from PSC limits.
    The regulations also define pelagic trawl gear in a manner intended 
to reduce bycatch of halibut by displacing fishing effort off the 
bottom of the sea floor when certain halibut bycatch levels are reached 
during the fishing year. The definition provides standards for physical 
conformation (Sec. 679.2, see Authorized fishing gear) and performance 
of the trawl gear in terms of crab bycatch (Sec. 679.7(a)(14)). 
Furthermore, all hook-and-line vessel operators are required to employ 
careful release measures when handling halibut bycatch 
(Sec. 679.7(a)(13)). These measures are intended to reduce handling 
mortality, to increase the amount of groundfish harvested under the 
available halibut mortality bycatch limits, and to possibly lower 
overall halibut bycatch mortality in groundfish fisheries.
    The sablefish/halibut IFQ program (implemented in 1995) was 
intended, in part, to reduce the halibut discard mortality in the 
sablefish fishery.
    Consistent with the goals and objectives of the FMP to reduce 
halibut bycatch while providing an opportunity to harvest the 
groundfish OY, NMFS approves the assignments of 2,000 mt and 300 mt of 
halibut PSC limits to trawl and hook-and-line gear, respectively. While 
these limits will reduce the harvest quota for commercial halibut 
fishermen, NMFS has determined that they will not result in unfair 
allocation to any particular user group as these PSCs establish an 
upper limit on the impact of the groundfish fisheries on the commercial 
halibut fishery in the GOA. NMFS recognizes that some halibut bycatch 
will occur in the groundfish fishery, but the Vessel Incentive Program, 
required modifications to gear, and implementation of the halibut/
sablefish IFQ program are intended to reduce adverse impacts on halibut 
fishermen while promoting the opportunity to achieve the OY from the 
groundfish fishery. NMFS and the Council will review the methods 
available for reducing halibut bycatch listed here to determine their 
effectiveness, and will initiate changes, as necessary, in response to 
this review or to public testimony and comment.
Fishery and Seasonal Apportionments of the Halibut PSC Limits
    Under Sec. 679.21(d)(5), NMFS seasonally apportions the halibut PSC 
limits based on recommendations from the Council. The FMP requires that 
the following information be considered by the Council in recommending 
seasonal apportionments of halibut PSC limits: (a) Seasonal 
distribution of halibut, (b) seasonal distribution of target groundfish 
species relative to halibut distribution, (c) expected halibut bycatch 
needs on a seasonal basis relative to changes in halibut biomass and 
expected catches of target groundfish species, (d) expected bycatch 
rates on a seasonal basis, (e) expected changes in directed groundfish 
fishing seasons, (f) expected actual start of fishing effort, and (g) 
economic effects of establishing seasonal halibut allocations on 
segments of the target groundfish industry.
    In December 2001, the Council and its AP recommended seasonal PSC 
apportionments in order to maximize harvest among gear types, 
fisheries, and seasons while minimizing bycatch of PSC based upon the 
criteria above. NMFS adjusts the Council's recommended start date for 
the third seasonal allowance of trawl halibut PSC from July 1 to June 
30 to coincide with the trawl rockfish opening in the BSAI on June 30 
and to facilitate inseason management of rockfish harvest over the July 
4 holiday. NMFS approves the PSC apportionments specified in Tables 23 
and 24, below. Regulations at Sec. 679.21(d)(5)(iii) and (iv) specify 
that any overages or shortfalls in a seasonal apportionment of a PSC 
limit will be deducted from or added to the next respective seasonal 
apportionment within the 2002 season.

[[Page 992]]



 Table 23.--Final 2002 Pacific Halibut PSC Limits, Allowances, and Apportionments. The Pacific Halibut PSC Limit for Hook-and-Line Gear is Allocated to
 the Demersal Shelf Rockfish (DSR) Fishery and Fisheries Other Than DSR. The Hook-and-Line Sablefish Fishery is Exempt from Halibut PSC Limits. (Values
                                                                       are in mt)
--------------------------------------------------------------------------------------------------------------------------------------------------------
                        Trawl gear                                                               Hook-and-line gear
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                            Other than DSR                                      DSR
                 Dates                         Amount      ---------------------------------------------------------------------------------------------
                                                                       Dates                  Amount                  Dates                  Amount
--------------------------------------------------------------------------------------------------------------------------------------------------------
Jan 1- Apr 1...........................        550 (27.5%)  Jan 1-June 10.............        250 (86.2%)  Jan 1-Dec 31..............          10 (100%)
Apr 1-June 30..........................          400 (20%)  June 10-Sept 1............           5 (1.7%)
June 30-Sept 1.........................          600 (30%)  Sept 1-Dec 31.............         35 (12.1%)
Sept 1-Oct 1...........................         150 (7.5%)
Oct 1-Dec 31...........................          300 (15%)
    Total..............................       2,000 (100%)  ..........................         290 (100%)  ..........................          10 (100%)
--------------------------------------------------------------------------------------------------------------------------------------------------------

    Regulations at Sec. 679.21(d)(3)(iii) authorize apportionments of 
the trawl halibut PSC limit to a deep-water species complex, comprised 
of sablefish, rockfish, deep-water flatfish, rex sole and arrowtooth 
flounder; and a shallow-water species complex, comprised of pollock, 
Pacific cod, shallow-water flatfish, flathead sole, Atka mackerel, and 
``other species''. The apportionment for these two trawl fishery 
complexes is presented in Table 24.

    Table 24.--Final 2002 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-June 30..........................................                100                300                400
June 30-Sept 1.........................................                200                400                600
Sept 1-Oct 1...........................................                150      Any Remainder                150
                                                        --------------------------------------------------------
    Subtotal: Jan 20-Oct 1.............................                900                800              1,700
Oct 1-Dec 31...........................................                                                      300
                                                        --------------------------------------------------------
    Total..............................................                                                   2,000
----------------------------------------------------------------------------------------------------------------
No apportionment between shallow-water and deep-water fishery complexes during the 4th quarter of the calendar
  year.

Halibut Discard Mortality Rates

    The Council recommended that the revised halibut discard mortality 
rates (DMRs) recommended by the IPHC be adopted for purposes of 
monitoring halibut bycatch mortality limits established for the 2002 
groundfish fisheries. NMFS concurs in the Council's recommendation. The 
IPHC recommended use of a long-term average as preseason assumed DMRs 
for the 2001-2003 groundfish fisheries. The IPHC recommendation also 
includes a provision that revised DMRs would be proposed should 
analysis indicate that a fishery's annual DMR diverges substantially 
(up or down) from the long-term average. Most of the IPHC's assumed 
DMRs were based on an average of mortality rates determined from NMFS 
observer data collected between 1990 and 1999. Rates were lacking for 
some fisheries, so rates from the most recent years were used. For the 
``other species'' fishery, where insufficient mortality data are 
available, the mortality rate of halibut caught in the Pacific cod 
fishery for that gear type was recommended as a default rate. The 
assumed mortality rates recommended for 2002 are unchanged from those 
used in 2001 in the GOA. The recommended rates for hook-and-line 
targeted fisheries range from 8 to 24 percent. The recommended rates 
for trawl targeted fisheries range from 58 to 72 percent. The 
recommended rate for all pot targeted fisheries is 14 percent. The 2002 
assumed DMRs are listed in Table 25.

   Table 25.--2002 Assumed Pacific Halibut Mortality Rates for Vessels
   Fishing in the Gulf of Alaska (Listed values are percent of halibut
                       bycatch assumed to be dead)
------------------------------------------------------------------------
                                                              Mortality
                      Gear and target                            rate
------------------------------------------------------------------------
Hook-and-Line:
  Pacific cod..............................................           14
  Rockfish.................................................            8
  Other species............................................           14
  Sablefish................................................           24
Trawl:
  Midwater pollock.........................................           72
  Rockfish.................................................           69
  Shallow-water flatfish...................................           69
  Pacific cod..............................................           61
  Deep-water flatfish......................................           60
  Flathead sole............................................           58
  Rex sole.................................................           61
  Bottom pollock...........................................           61
  Arrowtooth Flounder......................................           62
  Atka mackerel............................................           70
  Sablefish................................................           66
  Other species............................................           61
POT:
  Pacific cod Other species................................           14
------------------------------------------------------------------------

Non-Exempt American Fisheries Act (AFA) Catcher Vessel Groundfish 
Harvest and PSC Limitations

    One of the provisions implemented under the AFA was to specify 
groundfish harvesting and processing limitations, also called 
sideboards, on AFA catcher/processors and catcher vessels in the GOA. 
These limitations are considered necessary for fishermen

[[Page 993]]

and processors who have received exclusive harvesting and processing 
privilege under the AFA to protect the interests of fishermen and 
processors who have not directly benefitted from the AFA. In the GOA, 
unrestricted AFA catcher/processors are prohibited from fishing for any 
species of fish and from processing any groundfish harvested in 
Statistical Area 630 of the GOA. The Council recommended that certain 
AFA catcher vessels in the GOA be exempt from groundfish harvest 
limitations. Exempted AFA catcher vessels in the GOA are those less 
than 125 ft (38.1 m) length overall whose annual BSAI pollock landings 
totaled less than 5,100 mt and that made 40 or more GOA groundfish 
landings from 1995 through 1997 (Sec. 679.63(b)(1)(i)(B)).
    For non-exempt AFA catcher vessels in the GOA, harvest limitations 
are based upon their traditional harvest levels of TAC in groundfish 
fisheries covered by the GOA FMP. The amounts of the groundfish harvest 
limits in the GOA are based on the retained catch of non-exempt AFA 
catcher vessels of each sideboard species from 1995 through 1997 
divided by the TAC for that species over the same period 
(Sec. 679.63(b)(1)(ii)(C)). For 2002, the ratio of 1995 to 1997 non-
exempt AFA catcher vessel retained catch to the 1995 to 1997 TAC has 
been revised from 2001 by NMFS. These revisions are based upon ADF&G 
editing of fish tickets and NMFS editing of observer catch data and 
weekly production reports. These amounts are listed in Table 26. All 
harvests of sideboard species made by non-exempt AFA catcher vessels, 
whether as targeted catch or bycatch, will be deducted from the 
sideboard limits in Table 26.

Table 26.--Final 2002 GOA Non-Exempt AFA Catcher Vessel (CV) Groundfish Harvest Limitations (Sideboards) (Values
                                                   are in mt)
----------------------------------------------------------------------------------------------------------------
                                                                  Ratio of 1995-
                                           Apportionments and        1997 Non-                       2002 Non-
                Species                   Allocations by Area/     Exempt AFA CV     2002 TAC       Exempt AFA
                                          Season/processor/Gear   Catch to 1995-                  Catcher Vessel
                                                                     1997 TAC                        Sideboard
----------------------------------------------------------------------------------------------------------------
Pollock...............................  A Season (W/C areas
                                         only).
                                        January 20--February 25.
                                        Shumagin (610)..........          0.6112           2,916           1,782
                                        Chirikof (620)..........          0.1427           8,618           1,230
                                        Kodiak (630)............          0.2438           1,122             274
                                        B Season (W/C areas
                                         only).
                                        March 10--May 31........
                                        Shumagin (610)..........          0.6112           2,916           1,782
                                        Chirikof (620)..........          0.1427           8,618           1,230
                                        Kodiak (630)............          0.2438           1,122             274
                                        C Season (W/C areas
                                         only).
                                        August 25--September 15.
                                        Shumagin (610)..........          0.6112           5,949           3,636
                                        Chirikof (620)..........          0.1427           2,905             414
                                        Kodiak (630)............          0.2438           3,803             927
                                        D Season (W/C areas
                                         only).
                                        October 1--November 1...
                                        Shumagin (610)..........          0.6112           5,949           3,636
                                        Chirikof (620)..........          0.1427           2,904             414
                                        Kodiak (630)............          0.2438           3,803             927
                                        Annual..................
                                        WYK (640)...............          0.3499           1,165             408
                                        SEO (650)...............          0.3499           6,460           2,260
Pacific cod...........................  A Season \1\............
                                        January 1--June 10......
                                        W inshore...............          0.1423           9,098           1,295
                                        offshore................          0.1026           1,011             104
                                        C inshore...............          0.0722          13,387             966
                                        offshore................          0.0721           1,487             107
                                        B Season \2\............
                                        September 1--December 31
                                        W inshore...............          0.1423           6,066             863
                                        offshore................          0.1026             674              69
                                        C inshore...............          0.0722           8,924             644
                                        offshore................          0.0721             992              72
                                        Annual..................
                                        January 1--December 31..
                                        E inshore...............          0.0079           2,332              18
                                        Offshore................          0.0078             259               2
Flatfish deep-water...................  W.......................          0.0000             180               0
                                        C.......................          0.0670           2,220             149
                                        E.......................          0.0171           2,480              42
Rex sole..............................  W.......................          0.0010           1,280               1
                                        C.......................          0.0402           5,540             223
                                        E.......................          0.0153           2,650              41
Flathead sole.........................  W.......................          0.0036           2,000               7
                                        C.......................          0.0261           5,000             130
                                        E.......................          0.0048           2,280              11
Flatfish shallow-water................  W.......................          0.0156           4,500              70

[[Page 994]]

 
                                        C.......................          0.0598          13,000             777
                                        E.......................          0.0126           2,920              37
Arrowtooth flounder...................  W.......................          0.0021           8,000              17
                                        C.......................          0.0309          25,000             772
                                        E.......................          0.0020           5,000              10
Sablefish.............................  W trawl gear............          0.0000             448               0
                                        C trawl gear............          0.0720           1,086              78
                                        WYK trawl gear..........          0.0488             258              13
Pacific Ocean perch...................  W.......................          0.0623           2,610             163
                                        C.......................          0.0866           8,220             712
                                        E.......................          0.0466           2,360             110
Shortraker/Rougheye...................  W.......................          0.0000             220               0
                                        C.......................          0.0237             840              20
                                        E.......................          0.0124             560               7
Other rockfish........................  W.......................          0.0034              90               0
                                        C.......................          0.2065             550             114
                                        E.......................          0.0000             350               0
Northern rockfish.....................  W.......................          0.0003             810               0
                                        C.......................          0.0336           4,170             140
Pelagic shelf rockfish................  W.......................          0.0001             510               0
                                        C.......................          0.0000           3,480               0
                                        E.......................          0.0067           1,500              10
Thornyhead rockfish...................  W.......................          0.0308             360              11
                                        C.......................          0.0308             840              26
                                        E.......................          0.0308             790              24
Demersal shelf rockfish...............  SEO.....................          0.0020             350               1
Atka mackerel.........................  Gulfwide................          0.0309             600              19
Other species.........................  Gulfwide................          0.0090          11,330            102
----------------------------------------------------------------------------------------------------------------
Notes:\1\ The Pacific cod A season for trawl gear does not open until January 20.
\2\ The Pacific cod B season for trawl gear closes November 1.

    PSC bycatch limits for non-exempt AFA catcher vessels in the GOA 
are based upon the ratio of aggregate retained groundfish catch by non-
exempt AFA catcher vessels in each PSC target category from 1995 
through 1997 relative to the retained catch of all vessels in that 
fishery from 1995 through 1997 (Sec. 679.63(b)(1)(iii)). These amounts 
are shown in Table 27.

  Table 27.--Final 2002 Non-Exempt AFA Catcher Vessel Prohibited Species Catch (PSC) Limits for the GOA (Values
                                                   are in mt)
----------------------------------------------------------------------------------------------------------------
                                                                  Ratio of 1995-
                                                                     1997 non-                       2002 Non-
                                                                   exempt AFA CV                    exempt AFA
            PSC species               Target fishery and season   retained catch  2002 PSC limit  catcher vessel
                                                                     to total                        PSC limit
                                                                  retained catch
----------------------------------------------------------------------------------------------------------------
Halibut (mortality in mt)..........  Trawl 1st Seasonal
                                      Allowance; January 20-
                                      April 1.
                                     shallow water targets......           0.340             450             153
                                     deep water targets.........           0.070             100               7
                                     Trawl 2nd Seasonal
                                      Allowance; April 1-June 30.
                                     shallow water targets......           0.340             100              34
                                     deep water targets.........           0.070             300              21
                                     Trawl 3rd Seasonal
                                      Allowance; June 30-Sept. 1.
                                     shallow water targets......           0.340             200              68
                                     deep water targets.........           0.070             400              28
                                     Trawl 4th Seasonal
                                      Allowance; Sept. 1-October
                                      1.
                                     shallow water targets......           0.340             150              51
                                     deep water targets.........           0.070               0   any remainder
                                                                                                        from 3rd
                                                                                                    season above
                                     Trawl 5th Seasonal
                                      Allowance; October 1-
                                      December 31.
                                     all targets................           0.205             300              62
----------------------------------------------------------------------------------------------------------------


[[Page 995]]

Closures
    In accordance with Sec. 679.20(d)(1)(i), if the Regional 
Administrator determines that the amount of a target species or ``other 
species'' category apportioned to a fishery or, with respect to pollock 
and Pacific cod, to an inshore or offshore component allocation, will 
be reached, the Regional Administrator may establish a directed fishing 
allowance for that species or species group. If the Regional 
Administrator establishes a directed fishing allowance, and that 
allowance is or will be reached before the end of the fishing year, 
NMFS will prohibit directed fishing for that species or species group 
in the specified GOA Regulatory Area or district 
(Sec. 679.20(d)(1)(iii)).
    The Regional Administrator has determined that the following TAC 
amounts (Table 28) are necessary as incidental catch to support other 
anticipated groundfish fisheries for the 2002 fishing year.

  Table 28.--Incidental Catch Needed To Support Other Directed Fisheries in the GOA in 2002 (Amounts Are in mt)
----------------------------------------------------------------------------------------------------------------
                  Target                         Regulatory area               Gear/component           Amount
----------------------------------------------------------------------------------------------------------------
Atka Mackerel............................  Entire GOA.................  All........................          600
Thornyhead Rockfish......................  Entire GOA.................  All........................        1,990
Shortraker and Rougheye Rockfish.........  Entire GOA.................  All........................        1,620
Other Rockfish...........................  Entire GOA.................  All........................          990
Sablefish................................  Entire GOA.................  Trawl......................        1,792
Pollock..................................  Entire GOA.................  All/offshore...............            0
----------------------------------------------------------------------------------------------------------------

    Consequently, in accordance with Sec. 679.20(d)(1)(i), the Regional 
Administrator establishes the directed fishing allowances for the above 
species or species groups as zero and in accordance with 
Sec. 679.20(d)(1)(iii), NMFS is prohibiting directed fishing for those 
species, areas, gear types, components, and seasons listed in Table 28.
    Regulations at Sec. 679.63(b)(1)(iv) provide for management of AFA 
catcher vessel groundfish harvest limits and PSC bycatch limits using 
directed fishing closures and PSC closures according to procedures set 
out at Sec. 679.20(d)(1)(iv) and Sec. 679.21(d)(8). The Regional 
Administrator has determined that in addition to the closures listed 
above, many of the non-exempt AFA catcher vessel sideboard amounts 
listed in Table 26 are necessary as incidental catch to support other 
anticipated groundfish fisheries for the 2001 fishing year. In 
accordance with Sec. 679.20(d)(1)(iv), the Regional Administrator 
establishes these amounts as directed fishing allowances. The Regional 
Administrator finds that many of these directed fishing allowances will 
be reached before the end of the year. Therefore, in accordance with 
Sec. 679.20(d)(1)(iii), NMFS is prohibiting directed fishing by non-
exempt AFA catcher vessels in the GOA for the species and specified 
areas set out in Table 29.

   Table 29.--Non-Exempt AFA Catcher Vessel Sideboard Directed Fishing
                           Closures in the GOA
------------------------------------------------------------------------
                                        Regulatory Area/
              Species                       District            Gear
------------------------------------------------------------------------
Pelagic shelf rockfish.............  Entire GOA...........  All.
Deep-water flatfish................  W and E GOA..........  All.
Rex sole...........................  W and E GOA..........  All.
Flathead sole......................  W and E GOA..........  All.
Arrowtooth Flounder................  W and E GOA..........  All.
Northern rockfish..................  W GOA................  All.
Shallow-water Flatfish.............  E GOA................  All.
Pacific cod........................  E GOA................  All.
Demersal shelf rockfish............  SEO District.........  All.
------------------------------------------------------------------------

Response to Comments

    NMFS received two letters of comment in response to the July 17, 
2001, emergency interim rule (66 FR 37167) that extended and modified 
Steller sea lion protection measures and harvest specifications through 
2001. The letters indicated concern about the perceived inadequacy of 
the measures in the emergency interim rule to protect Steller sea 
lions, inadequacy of the accompanying NEPA analysis, and strength of 
data used for making decisions. The comments are responded to in this 
action because NMFS has completed the analysis of the current status of 
Steller sea lions and the interactions with the groundfish fisheries, 
making responses based on the best scientific information available. 
The changes made to Steller sea lion protection measures by the July 
17, 2001, emergency interim rule were short-term changes that were 
likely to be modified for 2002 and the comments received were 
considered in the development of 2002 protection measures. Copies of 
the Environmental Assessment (EA) for the extension of the 2001 Steller 
sea lion protection measures and harvest specifications are available 
from NMFS (see ADDRESSES).
    Comment 1. One of the main reasons for reducing 2001 protection 
measures is to allow access to certain areas important to commercial 
fisheries. According to the economic analysis for the 2001 protection 
measures, the selection of Alternative 3 from the Economic Assessment 
for the extension of the 2001 emergency rule ensures minimal economic 
impact. Minimizing economic hardship is not a legitimate reason for 
choosing protection measures.
    Response. Economic considerations can be used as a basis for 
selecting Steller sea lion protection measures only from alternatives 
that avoid jeopardizing the continued existence of an endangered or 
threatened species and that avoid destroying or adversely modifying 
designated critical habitat.

[[Page 996]]

Because Alternative 2 and 3 met or exceeded the level of protection 
necessary to avoid the likelihood of jeopardy and adverse modification 
of critical habitat, NMFS was able to choose between Alternatives 2 and 
3 and selected the option less likely to cause adverse economic impact. 
NMFS determined that Alternative 2 would have excessive adverse 
economic impact; therefore, Alternative 3 was chosen.
    Comment 2. Recent telemetry data analysis has led NMFS to reduce 
the size of Steller sea lion protection areas. Using the telemetry data 
in this way ignores the facts that (1) Steller sea lions forage beyond 
10 nm of land, (2) the telemetry data are biased because the data are 
limited to Steller sea lions likely to occur closer to shore (lactating 
females and pups), and (3) NMFS is required to prevent adverse 
modification in all designated critical habitat.
    Response. The best available information on the foraging patterns 
of Steller sea lions was summarized in a series of white papers by NMFS 
and the Alaska Department of Fish and Game. This information, along 
with historical data, was incorporated into an October 2001 Section 7 
consultation under the ESA for the two populations of Steller sea 
lions. This new information was primarily gathered through satellite 
telemetry on sea lions, observing their at sea distribution, dive 
characteristics, and haulout patterns. The data indicate a strong 
preference among juveniles and lactating females to remain close to 
shore, generally within 10 nm. Some trips by tagged sea lions went 
beyond 10 nm; however, these were infrequent and often much longer 
trips going well beyond the boundaries of critical habitat. About 90 
percent of the at-sea observations of these tagged animals were within 
10 nm from shore.
    NMFS recognizes certain limitations in the data that could create 
undetected biases; these were described in detail in the biological 
opinion. However, at this time, NMFS has no data to support these 
possible biases and has no reason to believe that the data mis-
represent the at sea distribution of these animals. Little detailed 
information exists on the foraging patterns of adult males, mostly due 
to the difficulty in capturing and tagging these large animals. 
Anecdotal observations, including the Platform of Opportunity (POP) 
database, indicated that adult males forage over very large areas, 
often many miles from shore. Additionally, the available data suggest 
that the lack of juvenile survival may be the greatest cause of the 
decline, further supporting the use of the telemetry information as a 
reasonable description of the foraging areas important to Steller sea 
lions.
    In 2002, numerous areas will receive greater protection than in the 
past; many sites will be protected out to 20 nm as well as parts of the 
sea lion aquatic foraging areas. NMFS used a zonal approach for closure 
areas, prohibiting nearly all fishing for the three species within 3 nm 
from rookeries and haulouts; limited fishing from 3-10 nm by gear types 
less likely to cause localized depletions of prey; and finally 
prohibiting fishing with trawl gear from 10-20 nm from most sites. Over 
the next 1-2 years, the Steller Sea Lion Recovery Team will evaluate 
the most up to date scientific and commercial data and make 
recommendations to NMFS on the appropriate boundaries for Steller sea 
lion critical habitat. NMFS has determined that the limited fishing 
that is expected to occur in critical habitat would not adversely 
modify or destroy that critical habitat.
    Comment 3. Observed increases in some population segments of 
Steller sea lions is no reason for reducing protection measures in 
those localized areas.
    Response. In developing protection measures for 2002, the entire 
western population of Steller sea lions was taken into account. In most 
cases, where an area was experiencing greater decline, greater 
protection was provided. Conversely, in some regions with consistent 
population increases such as Amak Island, the trawl closure zones were 
actually reduced. Although NMFS did consider some local population 
trend analyses, the policy was to minimize the impacts on the entire 
population in order to get a resulting population trajectory that was 
better than the expected trajectory from the RPA from the November 2000 
Biological Opinion. NMFS does not believe that it has adequate 
information on the sub-populations of sea lions or their prey resources 
in the western stock to implement management measures that rely on the 
underlying site-by-site trend of the prey biomass estimates on 
similarly small scales.
    Comment 4. The EA improperly tiers off the 1998 SEIS and the 2001 
Draft Programmatic SEIS. A full environmental impact statement should 
have been developed.
    Response. The EA incorporated relevant and accurate discussion and 
analysis in the 1998 SEIS. The EA did not tier off of the draft 
programmatic SEIS but it did reference a significant amount of analysis 
that may be found in that document. This was the latest scientific 
information available regarding the harvest specifications and it was 
appropriate to reference this material.
    A full environmental impact statement was not developed for the 
emergency interim rule extension because the short term nature of the 
action with the protection measures proposed made a significant impact 
on the environment unlikely, making an environmental impact statement 
unnecessary. An environmental impact statement for the 2002 Steller sea 
lion protection measures was in the process of being developed and has 
been completed for this action.
    Comment 5. Many of the comments submitted for the draft 
Programmatic SEIS also apply to the EA. These comments should also be 
included with the emergency interim rule extension record.
    Response. Comments received on the draft Programmatic SEIS are in 
the process of being reviewed by NMFS and will be addressed in the 
final Programmatic SEIS. The comments are included in the 
administrative record for the July 17, 2001, emergency interim rule 
extension.
    Comment 6. The management decisions determining the 2001 protection 
measures were based on scat data indicating that a diversity of prey is 
consumed throughout the year. These data consistently indicated that 
pollock, Atka mackerel, and Pacific cod were the three most common prey 
items and that stricter proactive action was needed.
    Response. In an analysis by Sinclair and Zeppelin (submitted for 
publication), scat samples were collected and analyzed from 1991-1998. 
That paper concluded that pollock, Pacific cod, Atka mackerel, and 
salmon were the most commonly found four prey items for Steller sea 
lions based upon the animals sampled. NMFS is implementing Steller sea 
lion conservation measures for the fisheries for the three species 
managed by NMFS under the groundfish FMPs.
    Comment 7. The telemetry data was based on 100 animals, primarily 
mothers and nursing pups, and the sightings were from the summer. One 
cannot assume similar behavior during other times of the year. The data 
also miss the sub-adults which are experiencing the greatest rate of 
decline.
    Response. The available information on the at-sea distribution of 
Steller sea lions is quite large, but admittedly incomplete. Numerous 
research projects are under way to attempt to obtain more information 
on the distribution of the animals NMFS considers to be most at-risk. 
Currently, the best available information indicates that juvenile and

[[Page 997]]

lactating females generally stay within 10 nm of shore during the 
summer, and perhaps make longer trips in the winter period as described 
in the biological opinion and associated white papers. NMFS is 
implementing management measures which avoid adverse impacts to these 
sensitive areas and time periods for Steller sea lions.
    One letter of comments was received by NMFS on the draft EA 
prepared for the 2002 TAC specifications. A summary of the comments and 
NMFS' response follows:
    Comment 1. The TAC setting process framework used by the Council 
and NMFS is inconsistent with the Magnuson-Stevens Act and the national 
standard guidelines because the North Pacific groundfish fisheries do 
not have overfishing status assessments consisting of both a maximum 
fishing mortality threshold and a minimum stock size threshold (MSST). 
Thus, NMFS and the Council lack criteria for determining whether stocks 
are overfished and thus subject to rebuilding plans.
    The overfishing definitions employed by NMFS and the Council under 
Amendments 56/56 to the groundfish FMPs allow a stock abundance to drop 
to B2% before harvest no longer is permitted. 
This policy allows for a species to be fished to the edge of 
extinction, with being declared overfished and for fishing efforts to 
be abandoned only at the edge of extinction. Thus, the 2002 TAC 
specifications are not in compliance with the Magnuson-Stevens Act. The 
failure of the Council and NMFS to adopt explicit MSSTs, to declare 
species as overfished, and to then institute multi-faceted 
``rebuilding'' endangers the health of individual stocks already at low 
abundance levels. This, in turn, has significant impacts on the BSAI 
and GOA ecosystems and renders the analysis in the EA insufficient for 
NMFS to determine that the impacts on target species and the ecosystems 
as a whole are ``insignificant.''
    Response. NMFS disagrees that the 2002 TAC specifications violate 
national standard 1 or the Magnuson-Stevens Act. The harvest control 
rules set forth in Amendments 56/56 (64 FR 10952, March 8, 1999) define 
OFL and constrain ABC for stocks managed under the fishery management 
plans for BSAI and GOA groundfish. In approving Amendments 56/56 (64 FR 
10953, March 8, 1999), the Secretary of Commerce considered public 
comments submitted on the proposed amendments, including concerns that 
the amendments do not specify an MSST, and determined that the 
reasonable proxy for MSST is contained in the overfishing definitions 
and associated control rules are in compliance with national standard 1 
and all other provisions of the Magnuson-Stevens Act.
    Nonetheless, every stock managed under tiers 1-3 (defined under 
Amendments 56/56) of the BSAI and GOA groundfish FMPs was evaluated 
with respect to its MSST in the most recent SAFE reports. The TAC 
specifications use harvest control rules that are related to the MSY-
based management required by the Magnuson Act. The control rules used 
to define OFL and the maximum permissible ABC restrict fishing at all 
stock sizes, not just at stock sizes below 5 percent of the MSY level. 
Not only is fishing restricted at all stock sizes, it is restricted in 
a conservative manner.
    NMFS notes that the Steller sea lion protection measures 
recommended by the Council in October 2001, approved by NMFS, and 
described above under Part I of this preamble to the emergency interim 
rule, include a conservative modification of the existing harvest 
control rule for pollock, Pacific cod, and Atka mackerel.
    Comment 1 appears to presume that harvest control rules can, by 
themselves, force stock biomass to increase. In fact, harvest control 
rules are rules used to control harvest, not biomass. All harvest 
control rules ``allow'' a depleted stock to remain at a low abundance 
level indefinitely, because no harvest control rule can control the 
size of incoming year classes. However, the control rules adopted in 
Amendments 56/56 are explicitly designed to be precautionary, 
especially in the context of managing stocks whose biomass have fallen 
below reference levels.
    In 1998, NMFS did prepare a Supplemental Environmental Impact 
Statement (SEIS) on the TAC setting process. NMFS also recognizes that 
in a July 8, 1999 order, amended on July 13, 1999, the Court in 
Greenpeace v. NMFS, Civ No. 98-0492 (W.D. Wash.) held that the 1998 
SEIS was too limited in scope by not adequately addressing aspects of 
the GOA and BSAI groundfish fishery management plans other than TAC 
setting and, therefore, was insufficient in scope under the National 
Environmental Policy Act. In response to the Court's order, NMFS 
prepared a new 2001 draft programmatic SEIS for the GOA and BSAI 
groundfish fishery management plans. In response to public comments and 
internal agency review, NMFS has determined that the draft 2001 
programmatic SEIS should be revised to include additional analyses 
concerning environmental, economic, and cumulative impacts; to 
restructure alternatives; and to more clearly define the proposed 
action. The revised draft programmatic SEIS is scheduled to be 
distributed for public review and comment late Fall 2002.
    Notwithstanding the less expansive scope of the 1998 SEIS, NMFS 
believes that the discussion and analysis of impacts and alternatives 
in the 1998 SEIS, which focused on the issue of TAC setting, is 
directly applicable to the EA prepared in support of this action-the 
setting of TACs for the 2002 fishery. Consequently, the EA adopts the 
discussion and analysis in the 1998 SEIS, as well as pertinent sections 
of the 2001 draft programmatic SEIS.
    Finally, NMFS believes that the extensive discussion and analysis 
of the environmental impacts associated with various levels of TACs in 
the 1998 SEIS's and in the draft 2001 programmatic SEIS, coupled with 
the 2002 TAC EA's additional discussion, provide ample support for its 
determination that the 2002 specifications will not have significant 
environmental impacts.
    Comment 2. Given the concerns expressed in Comment 1, above, many 
groundfish stocks are below Bmsy and the 2002 TACs even 
would allow fishing on a number of stocks below B2% 
without triggering a rebuilding plan, including GOA Greenland turbot, 
Bering Sea northern rockfish, GOA vermillion rockfish, and GOA Atka 
mackerel. The EA is deficient because the preferred alternative does 
not acknowledge that some species presently are at or approaching an 
``overfished'' condition. The EA's failure to recognize overfished 
species means that the impacts to the ecosystem as a whole are not 
adequately analyzed. The NEPA analysis should look at the direct, 
indirect, cumulative, and synergistic effects of allowing TACs on 
species with very low biomasses.
    Response. Currently, the best scientific information available 
indicates that no stock managed under the BSAI or GOA groundfish FMPs 
is being subjected to an inappropriate harvest rate and that no stock 
managed under tiers 1-3 of the BSAI or GOA groundfish FMPs are 
overfished. NMFS acknowledges that it is currently not possible to 
determine the status of stocks in tiers 4-6 with respect to their MSSTs 
because stocks qualify for management under these tiers only if the 
best scientific information available is insufficient to estimate the 
relevant biological reference points.
    Currently, the best scientific information available indicates that 
no stock managed under the BSAI or GOA groundfish fishery management 
plans is

[[Page 998]]

being subjected to an inappropriate harvest rate, and that no stock 
managed under the groundfish FMPs is overfished. NMFS believes, 
therefore, that the 2002 TAC specifications reflect the correct use of 
MSSTs.
    The EA addresses uncertainty and ecosystem considerations 
associated with each stock assessment and acknowledges that all of the 
groundfish species are predators or prey at some stage of life. A 
review of ecosystem status and trends also was provided in the 
ecosystems chapter of the SAFE reports.
    Comment 3. The concept of combining rockfish assemblages masks the 
fact that individual species currently are at an overfished level and 
the EA does not adequately analyze the present status of these long 
lived species. Specifically, the EA fails to analyze their biomass in 
relation to an overfished determination criterion that complies with 
the Magnuson-Stevens Act.
    Response. NMFS disagrees that rockfish species are at an overfished 
level. However, NMFS does agree that potential concerns about 
disproportionate harvest relative to abundance of species within groups 
or assemblages could be at least partially addressed if existing 
complexes or assemblages were broken out to separate species and 
managed accordingly. Species within the rockfish assemblages tend to 
reflect tiers 4 or 5 stocks and it is not possible to determine whether 
any species is overfished or whether it is approaching an overfished 
condition.
    Difficulties exist in working towards species specific management 
for existing assemblages, particularly for some of the rockfish 
assemblages. Most paramount of these difficulties is the collection of 
adequate species specific catch data upon which to monitor and manage 
species specific TACs. NMFS is working with its North Pacific Observer 
Program and stock assessment scientists to address this issue for 2003 
and arrive at a subsampling protocol for rockfish species to meet this 
need. At that time, enhanced species specific management may be 
possible, notwithstanding other management issues that arise from very 
small TAC amounts.

Classification

    The Administrator, Alaska Region, NMFS (Regional Administrator), 
has determined that this 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. No relevant Federal rules exist that may duplicate, overlap, or 
conflict with this action.
    The Steller sea lion protection measures have been determined to be 
significant for purposes of Executive Order 12866 and a regulatory 
impact review was prepared. The regulatory impact review is available 
from NMFS as part of the final SEIS. (see ADDRESSES).
    Consistent with the National Environmental Policy Act, NMFS 
prepared an environmental assessment for the TAC specifications portion 
of this action. NMFS also prepared an SEIS for the Steller sea lion 
protection measures; a notice of availability of the draft SEIS was 
published in the Federal Register on August 31, 2001 (66 FR 45984). 
Comments were received and responded to in the final SEIS and the final 
document was issued November 23, 2001 (66 FR 58734). The final SEIS and 
EA are available from NMFS (see ADDRESSES). Based on a comparison of 
the effects of the other alternatives in the SEIS, NMFS determined that 
this action meets the ESA requirements for Steller sea lion protection 
and environmental protection without providing extreme economic 
hardship that was anticipated from the most environmentally desirable 
alternative. Potential adverse impacts on marine mammals resulting from 
fishing activities conducted under this emergency interim rule are 
discussed in the EA and final SEIS for this action.
    This rule contains and refers to collection-of-information 
requirements subject to the Paperwork Reduction Act. The requirement 
for a vessel fishing permit has been approved under OMB control number 
0648-0444 (expiration date May 31, 2002). The estimated response time 
for an application to amend a permit and register for the Atka 
mackerel, pollock, or Pacific cod directed fisheries is 31 minutes. The 
CDQ reporting requirement has been approved by the OMB and issued OMB 
control number 0648-0269, expiration date October 31, 2004. Public 
reporting burden of CDQ collection of information is estimated to be an 
average of 15 minutes per response for a CDQ catch report. This time 
includes the time for reviewing instructions, gathering and maintaining 
the data needed, and completing and reviewing the collection of 
information.
    The requirement to install and use a VMS has been approved under 
OMB control number 0648-0445 (expiration date June 30, 2002). The 
response times for VMS-related requirements are 6 hours to install a 
unit, 12 minutes to fax a check-in report that the VMS is operational, 
5 seconds per automated position report, and 4 hours per year for VMS 
maintenance.
    The response-time estimates above include the time for reviewing 
instructions, searching existing data sources, gathering and 
maintaining the data needed, and completing and reviewing the 
collection of information. Send comments regarding these burden 
estimates, or any other aspect of these data collections, including 
suggestions for reducing the burden, to NMFS (see ADDRESSES) and to the 
Office of Information and Regulatory Affairs, Office of Management and 
Budget, Washington, DC 20503 (Attn: NOAA Desk Officer).
    Notwithstanding any other provisions of the law, no person is 
required to respond to, and no person shall be subject to a penalty for 
failure to comply with a collection of information subject to the 
requirements of the PRA, unless that collection of information displays 
a currently valid OMB control number.
    A formal section 7 consultation under the ESA was initiated for 
this emergency interim rule under the FMPs for the groundfish fisheries 
of the BSAI and the GOA. In biological opinions dated October 17, 2001, 
December 22, 1999, and December 23, 1999, the Director of the Office of 
Protected Resources determined that fishing activities conducted under 
the emergency interim rule are not likely to jeopardize the continued 
existence of any endangered or threatened species or result in the 
destruction or adverse modification of critical habitat. In a 
memorandum dated December 11, 2001, from the Office of Protected 
Resources to the Office of Sustainable Fisheries, the 1999 BiOps were 
extended for one year from January 1, 2002, for purposes of this 
action. This emergency interim rule is consistent with the objectives 
for Steller sea lion protection measures implemented in 2001 under 
section 209(c)(6) of Public Law 106-554, the ESA, and other applicable 
laws.
    NMFS is establishing the 2002 TAC specifications for the BSAI and 
GOA by this emergency interim rule. The normal procedure of publishing 
proposed, interim, and final TAC specifications was not followed in 
2002 because the information needed to establish the harvest 
specifications did not become available until mid-November and the 
Council recommendations were not received by NMFS until December 11, 
2001. Analysis of the action and the preparation of the Federal 
Register notification could not be completed until the Council 
recommendations were received for the final specifications as well as 
the Steller sea lion protection

[[Page 999]]

measures, of which the specifications are an integral part and must be 
in place by January 1, 2002, to allow the orderly commencement of the 
2002 groundfish fisheries. Accordingly, it is impracticable to provide 
prior notice and an opportunity for public comment, or to delay for 30 
days the effective date of this rule. Further, it would be contrary to 
the public interest to delay the start of the season to allow for prior 
notice, an opportunity for public comment, and for a 30-day delay in 
the effective date. 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: December 27, 2001.
Rebecca Lent,
Deputy Assistant Administrator for Fisheries, National Marine Fisheries 
Service.

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

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

    1. The authority citation for 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. 105-277; Sec. 3027, Pub. L. 106-31; 
113 Stat. 57; 16 U.S.C. 1540(f); and Sec. 209, Pub. L. 106-554.

    2. In Sec. 679.2, the definitions for ``Steller Sea Lion Protection 
Areas'' and paragraph (5) under ``Directed Fishing'' are suspended 
until July 8, 2002, and definitions for ``Harvest limit area for 
platoon managed Atka mackerel directed fishing'', ``Inshore component 
in the GOA'', and ``Offshore component in the GOA'' are added in 
alphabetical order to read as follows:


Sec. 679.2  Definitions.

* * * * *
    Harvest limit area for platoon managed Atka mackerel directed 
fishing (applicable through July 8, 2002) for the purposes of 
Secs. 679.4(b)(5)(iv), 679.20(a)(8)(ii) and (iii) and 
679.22(a)(12)(iv)(A), means the waters of statistical areas 542 and 543 
west of 178 deg. W long. within 20 nm seaward of sites listed in Table 
24 of this part and located west of 177.58 deg. W long.
* * * * *
    Inshore component in the GOA (applicable through July 8, 2002) 
means the following three categories of the U.S. groundfish fishery 
that process groundfish harvested in the BSAI or GOA:
    (1) Shoreside processing operations;
    (2) Vessels less than 125 ft (38.1 m) LOA that process no more than 
126 mt per week in round-weight equivalents of an aggregate amount of 
pollock and Pacific cod; and
    (3) Vessels that process pollock or Pacific cod, harvested in a 
directed fishery for those species, at a single geographic location in 
Alaska State waters during a fishing year.
* * * * *
    Offshore component in the GOA (applicable through July 8, 2002) 
means all vessels not included in the definition of ``inshore component 
in the GOA'' that process groundfish in the BSAI or GOA.
* * * * *
    3. In Sec. 679.4, paragraphs (b)(5)(iv)(E) and (F) are added to 
read as follows:


Sec. 679.4  Permits.

* * * * *
    (b) * * *
    (5) * * *
    (iv) * * *
    (E) (Applicable through July 8, 2002) If the vessel will be using 
pot, hook-and-line, or trawl gear in the directed fisheries for 
pollock, Atka mackerel or Pacific cod in the GOA or in the BSAI.
    (F) (Applicable through July 8, 2002) If the vessel owner will be 
fishing in the harvest limit area in Statistical Areas 542 or 543 in 
the directed fishery for Atka mackerel.
* * * * *

    4. In Sec. 679.5, paragraph (n)(2)(iii)(A)(4) is added to read as 
follows:


Sec. 679.5  Recordkeeping and reporting.

* * * * *
    (n) * * *
    (2) * * *
    (iii) * * *
    (A) * * *
    (4) (Applicable through July 8, 2002) Indicate the intended target 
species.
* * * * *
    5. In Sec. 679.7, paragraphs (a)(11), (b), (d)(16), and (d)(23) are 
suspended until July 8, 2002, paragraph (c)(3) is suspended 1200 hours, 
A.l.t., June 10, 2002, until July 8, 2002, and paragraphs (a)(7)(iii) 
through (vii), (a)(17), (a)(18), (a)(19), (d)(26), (j), and (k) are 
added to read as follows:


Sec. 679.7  Prohibitions.

* * * * *
    (a) * * *
    (7) * * *
    (iii) (Applicable through July 8, 2002) Operate any vessel in the 
BSAI under both the ``inshore component in the GOA'' and the ``offshore 
component in the BSAI'' or under both the ``offshore component in the 
GOA'' and the ``inshore component in the BSAI'' definitions in 
Sec. 679.2 during the same fishing year.
    (iv) (Applicable through July 8, 2002) Operate any vessel in the 
GOA in more than one of the three categories included in the 
definitions of ``inshore component in the GOA,'' in Sec. 679.2, during 
any fishing year.
    (v) (Applicable through July 8, 2002) Operate any vessel in the GOA 
under both the ``inshore component in the GOA'' and the ``offshore 
component in the GOA'' definitions in Sec. 679.2 during the same 
fishing year.
    (vi) (Applicable through July 8, 2002) Operate any vessel in the 
GOA under both the ``inshore component in the GOA'' and the ``offshore 
component in the BSAI'' or under both the ``offshore component in the 
GOA'' and the ``inshore component in the BSAI'' definitions in 
Sec. 679.2 during the same fishing year.
    (vii) (Applicable through July 8, 2002) Operate any vessel that 
processes pollock or Pacific cod, harvested in a directed fishery for 
those species, at a single location in Alaska State waters under the 
``inshore component in the BSAI'' and the ``inshore component in the 
GOA'' definitions in Sec. 679.2 during the same fishing year.
* * * * *
    (17) Tender vessel (applicable through July 8, 2002).
    (i) Use a catcher vessel or catcher/processor as a tender vessel 
before offloading all groundfish or groundfish product harvested or 
processed by that vessel.
    (ii) Use a catcher vessel or catcher/processor to harvest 
groundfish while operating as a tender vessel.
    (18) Pollock, Pacific Cod, and Atka Mackerel Directed Fishing and 
VMS (applicable 1200 hours, A.l.t., June 10, 2002, through July 8, 
2002). When a vessel using pot, hook-and-line, or trawl gear in the 
BSAI or GOA is authorized under Sec. 679.4(b)(5)(iv)(E) to participate 
in the Atka mackerel, Pacific cod, or pollock directed fisheries; 
conduct directed fishing for groundfish or for Pacific halibut IFQ 
under Sec. 679.4(d),

[[Page 1000]]

unless the vessel carries an operable NMFS-approved Vessel Monitoring 
System (VMS) transmitter and complies with the requirements in 
Sec. 679.28(f) at all times any of these directed fisheries which the 
vessel is authorized for is open.
    (19) Atka Mackerel Harvest Limit Area Groundfish Prohibition 
(applicable through July 8, 2002). For vessels registered for the Atka 
mackerel harvest limit area directed fishery under 
Sec. 679.20(a)(8)(iii), conduct directed fishing for groundfish, other 
than Atka mackerel in an assigned harvest limit area directed fishery 
under Sec. 679.20(a)(8)(iii), during the time period that the first 
Atka mackerel directed fishery assigned to the vessel under 
Sec. 679.20(a)(8)(iii)(B) is open.
* * * * *
    (d) * * *
    (26) (Applicable through July 8, 2002) Use any groundfish CDQ 
species as a basis species for calculating retainable amounts of non-
CDQ species under Sec. 679.20.
* * * * *
    (j) Prohibitions specific to the GOA (applicable through July 8, 
2002)--(1) Southeast Outside trawl closure. Use any gear other than 
non-trawl gear in the GOA east of 140 deg. W long.
    (2) Catcher vessel trip limit for pollock. Retain on board a 
catcher vessel at any time during a trip, more than 300,000 lb (136 mt) 
of unprocessed pollock.
    (3) Tender vessel restrictions for pollock. (i) Operate as a tender 
vessel east of 157 deg.00' W long. for pollock harvested in the GOA.
    (ii) Operate as a tender vessel west of 157 deg.00' W long. while 
retaining on board at any time more than 600,000 lb (272 mt) of 
unprocessed pollock.
    (k) Prohibitions specific to AFA (applicable January 15, 2002, 
through July 8, 2002) It is unlawful for any person to do any of the 
following:
    (1) Catcher vessels. Use an AFA catcher vessel to retain any BSAI 
crab species unless the catcher vessel's AFA permit contains a crab 
sideboard endorsement for that crab species.
    (2) Crab processing limits. It is unlawful for an AFA entity that 
processes pollock harvested in the BSAI directed pollock fishery by an 
AFA inshore or AFA mothership catcher vessel cooperative to use an AFA 
crab facility to process crab in excess of the crab processing 
sideboard cap established for that AFA inshore or mothership entity. 
The owners and operators for the individual entities comprising the AFA 
inshore or mothership entity will be held jointly and severally liable 
for any overages of the AFA inshore or mothership entity's crab 
processing sideboard cap.

    6. In Sec. 679.20, paragraphs (a)(5)(i)(A), (a)(5)(ii)(B), 
(a)(7)(i)(C)(2), (a)(7)(i)(C)(3), (a)(7)(ii)(A), (a)(7)(iii)(A), 
(a)(7)(iii)(B), (f)(2), and (f)(3) are suspended until July 8, 2002, 
and paragraphs (a)(5)(i)(B), (a)(5)(i)(F), (a)(5)(ii)(C), (a)(6)(ii), 
(a)(6)(iii), (a)(7)(i)(C)(4), (a)(7)(i)(C)(5), (a)(7)(ii)(D) and (E), 
(a)(7)(iii)(D), (a)(8)(ii)(C), (a)(8)(iii), (a)(11), (b)(2)(i), 
(b)(2)(ii), (d)(4), and (f)(4) are added to read as follows:


Sec. 679.20  General limitations.

* * * * *
    (a) * * *
    (5) * * *
    (i) * * *
    (B) BSAI seasonal allowances (applicable through July 8, 2002)--(1) 
Inshore, catcher/processor, mothership, and CDQ components. The 
portions of the BS subareas pollock directed fishing allowances 
allocated to each component under sections 206(a) and 206(b) of the 
American Fisheries Act will be divided into two seasonal allowances 
corresponding to the two fishing seasons set out at Sec. 679.23(e)(5), 
as follows: A Season, 40 percent; B Season, 60 percent.
    (2) Inseason adjustments. Within any fishing year, the Regional 
Administrator will add or subtract any under harvest or over harvest of 
a seasonal allowance for a component to the subsequent seasonal 
allowance for the component through notification published in the 
Federal Register.
* * * * *
    (F) Steller sea lion conservation area harvest limit (applicable 
through July 8, 2002).
    (1) For each component under Sections 206(a) and 206(b) of the 
American Fisheries Act and for the open access fishery, no more than 28 
percent of the annual pollock directed fishery allowance may be taken 
from the Steller sea lion conservation area (SCA) before April 1. The 
SCA is defined at Sec. 679.22(a)(11)(vii).
    (2) After April 1, the unharvested amount available in the SCA 
before April 1 is available for directed fishing either within or 
outside the SCA during the remainder of the A season.
    (ii) * * *
    (C) GOA seasonal apportionments (applicable through July 8, 2002). 
Each apportionment established under paragraph (a)(5)(ii)(A) of this 
section will be divided into four seasonal apportionments corresponding 
to the four fishing seasons set out at Sec. 679.23(d)(3) of this part 
as follows: A Season, 25 percent; B Season, 25 percent; C Season, 25 
percent; D Season, 25 percent. Within any fishing year, under harvest 
or over harvest of a seasonal apportionment may be added to or 
subtracted from remaining seasonal apportionments in a manner to be 
determined by the Regional Administrator, provided that any revised 
seasonal apportionment does not exceed 30 percent of the annual TAC 
apportionment for the combined GOA Western and Central Regulatory 
Areas.
    (6) * * *
    (ii) GOA pollock (applicable through July 8, 2002). The 
apportionment of pollock in all GOA regulatory areas and for each 
seasonal apportionment described in paragraph (a)(5)(ii) of this 
section will be allocated entirely to vessels catching pollock for 
processing by the inshore component in the GOA after subtraction of an 
amount that is projected by the Regional Administrator to be caught by, 
or delivered to, the offshore component in the GOA incidental to 
directed fishing for other groundfish species.
    (iii) GOA Pacific cod (applicable through July 8, 2002). The 
apportionment of Pacific cod in all GOA regulatory areas will be 
allocated 90 percent to vessels catching Pacific cod for processing by 
the inshore component in the GOA and 10 percent to vessels catching 
Pacific cod for processing by the offshore component in the GOA.
    (7) * * *
    (i) * * *
    (C) * * *
    (4) (Applicable through July 8, 2002) 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.
    (5) (Applicable through July 8, 2002) Harvest of Pacific cod made 
by catcher vessels less than 60 ft (18.3 m) LOA using hook-and-line 
gear:
    (i) Will accrue against the 0.3 percent specified in paragraph 
(a)(7)(i)(C)(1)(ii) of this section when the Pacific cod fishery for 
vessels equal to or greater than 60 ft (18.3 m) LOA using hook-and-line 
gear is open.

[[Page 1001]]

    (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 hook-and-line 
gear is closed.
* * * * *
    (ii) * * *
    (D) Reallocation within the trawl sector (applicable through July 
8, 2002). If, during a fishing season, the Regional Administrator 
determines that either catcher vessels using trawl gear or catcher/
processors using trawl gear will not be able to harvest the entire 
amount of Pacific cod in the BSAI allocated to those vessels under 
paragraph (a)(7)(i) or (a)(7)(ii)(C) of this section, he/she may 
reallocate the projected unused amount of Pacific cod to vessels using 
trawl gear in the other trawl component through notification in the 
Federal Register before any reallocation to vessels using other gear 
type(s).
    (E) Unused seasonal allowance for trawl (applicable through July 8, 
2002). Any unused portion of a seasonal allowance of Pacific cod for 
vessels using trawl gear under paragraph (a)(7)(i)(C) of this section 
may be reapportioned by the Regional Administrator, through 
notification published in the Federal Register, to the subsequent 
seasonal allocations for vessels using trawl gear.
    (iii) * * *
    (D) Seasonal apportionment and gear allocations (applicable through 
July 8, 2002). The Pacific cod BSAI gear allocations and apportionments 
by seasons, as specified in Sec. 679.23 (e)(6), are as follows:

------------------------------------------------------------------------
                                          A season   B season   C season
               Gear type                 (percent)  (percent)  (percent)
------------------------------------------------------------------------
Trawl..................................         60         20         20
Trawl CV...............................         70         10         20
Trawl CP...............................         50         30         20
Hook-and-line 60 ft (18.3 m)         60         40
 LOA, non-CDQ pot vessels 60
 ft (18.3 m) LOA, and jig vessels......
All other nontrawl vessels.............    No seasonal apportionment.
------------------------------------------------------------------------
CV = catcher vessels.
CP = catcher/processor vessels.

    (8) * * *
    (ii) * * *
    (C) Atka mackerel harvest limit area (applicable through July 8, 
2002). Harvest of Atka mackerel is limited in the harvest limit area, 
as defined in Sec. 679.2, as follows:
    (1) For the Atka mackerel harvest limit area as defined in 
Sec. 679.2, the Regional Administrator will establish a harvest limit 
of no more than 60 percent of the seasonal TAC as specified in 
paragraph (a)(8)(ii)(A) of this section.
    (2) CDQ fishing. A CDQ group is prohibited from exceeding the CDQ 
portion of the percentage of annual Atka mackerel in the Western and/or 
Central districts of the AI specified in paragraph (a)(8)(ii)(C)(1) of 
this section for the harvest limit area as defined in Sec. 679.2.
    (iii) Platoon management of Atka mackerel harvest limit area 
directed fishing (applicable through July 8, 2002)--(A) Registration. 
All vessels using trawl gear for directed fishing for Atka mackerel in 
the harvest limit area, as defined in Sec. 679.2, are required to 
register with NMFS by January 15, 2002. To register, the vessel owner 
or operator must provide information required by Sec. 679.4(b)(5)(iv) 
for an endorsement to the vessel's Federal fishery permit issued under 
Sec. 679.4.
    (B) Platoon assignment. For each season, NMFS will manage the 
harvest limit area fishery for the vessels registered to fish in areas 
542 or 543 under paragraph (a)(8)(iii)(A) of this section as follows:
    (1) Lottery. The Regional Administrator or his/her designee 
randomly will assign each vessel to a platoon for one of two directed 
fisheries for each statistical area in which the vessel is registered 
under paragraph (a)(8)(iii)(A) of this section. Each platoon within a 
statistical area will be assigned an equal number of vessels unless 
there is an odd number of vessels registered under paragraph 
(a)(8)(iii)(A) of this section. In the case of an odd number of 
vessels, the Regional Administrator will assign one additional vessel 
to one platoon. Vessels registering under paragraph (a)(8)(iii)(A) of 
this section to fish in both area 542 and area 543 will be randomly 
assigned to a harvest limit area directed fishery in area 542 and will 
be placed in the area 543 harvest limit area directed fishery occurring 
at an alternate time during the season.
    (2) Notification. The Regional Administrator will provide the 
results of the lottery under (a)(8)(iii)(B)(1) of this section by 
notification published in the Federal Register and other means of 
practicable notification.
    (C) Harvest limit area directed fisheries. 48 hours after a 
seasonal closure of the area 541 Atka mackerel directed fishery, the 
Regional Administrator will open the directed fisheries within the 
harvest limit area in areas 542 and 543, as defined at Sec. 679.2. The 
Regional Administrator will provide notification by publication in the 
Federal Register of the opening and closure date of the directed 
fisheries, as determined by paragraph (a)(8)(iii)(E) of this section. 
Closures specified in Table 24 of this part and in Sec. 679.22(a)(12) 
will remain in effect.
    (D) Harvest limit area harvest limit. The Regional Administrator 
will establish the harvest limit for each harvest limit area directed 
fishery for areas 542 and 543 based on the seasonal apportionment at 
paragraph (a)(8)(ii)(C) of this section and in proportion to the number 
of vessels in a platoon compared to the total number of vessels 
participating in the harvest limit area directed fishery for area 542 
or 543 during a season.
    (E) Harvest limit area directed fisheries closures. The Regional 
Administrator will establish the closure date of the Atka mackerel 
directed fisheries in the harvest limit area for areas 542 and 543 
based on the estimated fishing capacity of vessels registered to fish 
in the area and assigned to the platoon under paragraph (a)(8)(iii)(B) 
of this section. Each harvest limit area directed fishery will last no 
longer than 14 days.
    (F) Groundfish directed fishery prohibition. Vessels registering 
under paragraph (a)(8)(iii)(A) of this section are prohibited from 
participating in any groundfish directed fishery other than the one 
assigned under paragraph (a)(8)(iii)(B) of this section during the 
opening of the first harvest limit area directed fishery to which the 
vessel is assigned in a season, as specified in Sec. 679.7(a)(19).
* * * * *
    (11) GOA Pacific cod TAC (applicable through July 8, 2002)--(i) 
Seasonal apportionment. The TAC established for Pacific cod in the 
Western and Central areas of the GOA will be divided 60 percent to the 
A season and 40 percent to the B season, as specified in 
Sec. 679.23(d)(4).
    (ii) The Regional Administrator may apply any underage or overage 
of Pacific

[[Page 1002]]

cod harvest from one season to the subsequent season. In adding or 
subtracting any underages or overages to the subsequent season, the 
Regional Administrator must consider bycatch needed to optimize catch 
by gear groups and sectors.
    (iii) Bycatch. Pacific cod bycatch taken between the closure of the 
A season and opening of the B season shall be deducted from the B 
season TAC apportionment.
    (b) * * *
    (2) * * *
    (i) Pollock inshore-offshore reapportionment (applicable through 
July 8, 2002). Any amounts of the GOA reserve that are reapportioned to 
pollock as provided by paragraph (b) of this section must be 
apportioned between the inshore component in the GOA and the offshore 
component in the GOA in the same proportions specified in paragraph 
(a)(6)(ii) of this section.
    (ii) Pacific Cod inshore-offshore reapportionment (applicable 
through July 8, 2002). Any amounts of the GOA reserve that are 
reapportioned to Pacific cod as provided by paragraph (b) of this 
section must be apportioned between the inshore component in the GOA 
and the offshore component in the GOA in the same proportion specified 
in paragraph (a)(6)(iii) of this section.
* * * * *
    (d) * * *
    (4) Harvest control for pollock, Atka mackerel and Pacific cod 
(applicable through July 8, 2002). If a biological assessment of stock 
condition for pollock, Pacific cod, or Atka mackerel within an area 
projects that the biomass in an area will be below 20 percent of the 
projected unfished biomass during a fishing year, the Regional 
Administrator will prohibit the directed fishery for the relevant 
species within the area. The Regional Administrator will prohibit the 
directed fishery under this paragraph by notification published in the 
Federal Register. The directed fishery will remain closed until a 
subsequent biological assessment projects that the biomass for the 
species in the area will exceed 20 percent of the projected unfished 
biomass during a fishing year.
* * * * *
    (f) * * *
    (4) Retainable amounts (applicable through July 8, 2002). Except as 
provided in Table 10 to this part, arrowtooth flounder, or any 
groundfish species for which directed fishing is closed may not be used 
to calculate retainable amounts of other groundfish species. CDQ 
species may only be used to calculate retainable amounts of other CDQ 
species.
* * * * *

    7. In Sec. 679.22, paragraphs (a)(5)(i) through (iii), (a)(7), 
(a)(8), and (b)(2) are suspended until July 8, 2002, and paragraphs 
(a)(5)(iv), (a)(11), (a)(12), (b)(3), and (b)(6) are added to read as 
follows:


Sec. 679.22  Closures.

    (a) * * *
    (5) * * *
    (iv) Catcher/processor restrictions (applicable through July 8, 
2002). A catcher/processor vessel authorized to fish for BSAI pollock 
under Sec. 679.4 is prohibited from conducting directed fishing for 
pollock in the CVOA during the pollock B season defined at 
Sec. 679.23(e)(5)(ii), unless it is operating under a CDP approved by 
NMFS.
* * * * *
    (11) Steller sea lion protection areas, Bering Sea subarea 
(applicable through July 8, 2002)--(i) Bogoslof area--(A) Boundaries. 
The Bogoslof 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 
lat./170 deg.00' W long., and 55 deg.00' N lat./168 deg.11'4.75" W 
long.;
    (B) Fishing prohibition. All waters within the Bogoslof area are 
closed to directed fishing for pollock, Pacific cod, and Atka mackerel 
by federally permitted vessels, except as provided in paragraph 
(a)(11)(i)(C) of this section.
    (C) Bogoslof Pacific cod exemption area. (1) All catcher vessels 
less than 60 ft (18.3 m) LOA using jig or hook-and-line gear for 
directed fishing for Pacific cod are exempt from the Pacific cod 
fishing prohibition as described in paragraph (a)(11)(i)(B) of this 
section in the portion of the Bogoslof area south of a line connecting 
a point that is 3 nm north of Bishop Point (54 deg.01'25" N lat./
166 deg. 57'00'' W long.) to Cape Tanak (53 deg.33'50" N lat./
168 deg.00'00" W long.), not including waters of the Bishop Point 
Pacific cod fishing closures as described in Table 23 of this part.
    (2) If the Regional Administrator determines that 113 mt of Pacific 
cod has been caught by catcher vessels less than 60 ft (18.3 m) LOA 
using jig or hook-and-line gear in the exemption area described in 
paragraph (a)(11)(i)(C)(1) of this section, the Regional Administrator 
will prohibit directed fishing for Pacific cod by catcher vessels less 
than 60 ft (18.3 m) LOA using jig or hook-and-line gear in the 
exemption area by notification published in the Federal Register.
    (ii) Bering Sea Pollock Restriction Area--(A) Boundaries. The 
Bering Sea Pollock Restriction Area consists of all waters of the 
Bering Sea subarea south of a line connecting the points 163 deg.0'00" 
W long./55 deg.46'30" N lat., 165 deg.08'00" W long./54 deg.42'9" N 
lat., 165 deg.40'00" W long./54 deg.26'30" N lat., 166 deg.12'00" W 
long./54 deg.18'40" N lat., and 167 deg.0'00" W long./54 deg.8'50" N 
lat.
    (B) Fishing prohibition. All waters within the Bering Sea Pollock 
Restriction Area are closed to directed fishing for pollock by 
federally permitted vessels during the A season, as defined at 
Sec. 679.23(e)(5).
    (iii) Groundfish closures. 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 ``Bering Sea'' in column 2.
    (iv) Pollock closures. Directed fishing for pollock by federally 
permitted vessels 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.
    (v) Pacific cod closures. Directed fishing for Pacific cod by 
federally permitted vessels using trawl, hook-and-line, and pot gear is 
prohibited within the Pacific cod no fishing zones around selected 
sites. These sites and gear types are listed in Table 23 of this part 
and are identifiable by ``BS'' in column 2.
    (vi) Atka mackerel closures. Directed fishing for Atka mackerel by 
federally permitted vessels using trawl gear 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.
    (vii) Steller sea lion conservation area (SCA). (A) General. When 
the Regional Administrator announces, by notification in the Federal 
Register, that the criteria set out in paragraph (a)(11)(vii)(C) of 
this section have been met by one or more industry component(s) made of 
vessels catching pollock for processing by the inshore component, 
catcher/processors in the offshore component, motherships in the 
offshore component, or directed fishing for pollock CDQ; directed 
fishing for pollock by that industry component(s) is prohibited within 
the SCA until April 1.
    (B) Boundaries. The SCA consists of the area of the Bering Sea 
subarea between 170 deg.00' W long. and 163 deg.00' W long., south of 
straight lines connecting the following points in the order listed: 
55 deg.00' N lat., 170 deg.00' W long.; 55 deg.00' N lat., 168 deg.00' 
W long.; 55 deg.30' N lat., 168 deg.00' W long.; 55 deg.30' N lat., 
166 deg.00' W long.; 56 deg.00' N lat., 166 deg.00' W long.; and, 
56 deg.00' N lat., 163 deg.00' W long.

[[Page 1003]]

    (C) Criteria for closure--(1) General. The directed fishing 
closures identified in paragraph (a)(11)(vii)(A) of this section will 
take effect when the Regional Administrator determines that the harvest 
limit for pollock within the SCA, as specified in 
Sec. 679.20(a)(5)(i)(F)(1) is reached before April 1. The Regional 
Administrator will close the directed pollock fishery in the SCA by 
notification published in the Federal Register.
    (2) Inshore catcher vessels greater than 99 ft (30.2 m) LOA. The 
Regional Administrator will prohibit directed fishing for pollock to 
vessels greater than 99 ft (30.2 m) LOA, catching pollock for 
processing by the inshore component before reaching the inshore SCA 
harvest limit before April 1 to accommodate fishing by vessels less 
than or equal to 99 ft (30.2 m) inside the SCA until April 1. The 
Regional Administrator will estimate how much of the inshore seasonal 
allowance is likely to be harvested by catcher vessels less than or 
equal to 99 ft (30.2 m) LOA and reserve a sufficient amount of the 
inshore SCA allowance to accommodate fishing by such vessels after the 
closure of the SCA to inshore vessels greater than 99 ft (30.2 m) LOA. 
The Regional Administrator will prohibit directed fishing for all 
inshore catcher vessels within the SCA when the harvest limit specified 
in Sec. 679.20(a)(5)(i)(F) has been met before April 1.
    (12) Steller sea lion protection areas, Aleutian Islands subarea 
(applicable through July 8, 2002)--(i) 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 long.
    (B) Directed fishing for pollock, Pacific cod, and Atka mackerel by 
federally permitted vessels is prohibited in the Seguam Foraging area 
as described in paragraph (a)(12)(i)(A) of this section.
    (ii) Pollock Closure. Directed fishing for pollock by federally 
permitted vessels is prohibited within the Aleutian Islands subarea at 
all times.
    (iii) Groundfish closures. 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.
    (iv) Pacific cod closures--(A) Central and Western Aleutian Islands 
harvest limit area. Directed fishing for Pacific cod by federally 
permitted vessels using trawl gear is prohibited in the Atka mackerel 
harvest limit area in area 542 or area 543, as defined in Sec. 679.2, 
when the Atka mackerel harvest limit area directed fishery in area 542 
or area 543 is open.
    (B) Gear specific closures. Directed fishing for Pacific cod by 
federally permitted vessels using trawl, hook-and-line, or pot gear is 
prohibited within the Pacific cod no fishing zones around selected 
sites. These sites and gear types are listed in Table 23 of this part 
and are identifiable by ``AI'' in column 2.
    (v) Atka mackerel closures. Directed fishing for Atka mackerel by 
federally permitted vessels using trawl gear 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.
    (b) * * *
    (3) Steller sea lion protection areas (applicable through July 8, 
2002)--(i) Groundfish closures. 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.
    (ii) Pollock closures. Directed fishing for pollock by federally 
permitted vessels 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.
    (iii) Pacific cod closures. Directed fishing for Pacific cod by 
federally permitted vessels using trawl, hook-and-line, or pot gear is 
prohibited within Pacific cod no fishing zones around selected sites. 
These sites and gear types are listed in Table 23 of this part and are 
identifiable by ``GOA'' in column 2.
    (iv) Atka mackerel closure. Directed fishing for Atka mackerel by 
federally permitted vessels within the Gulf of Alaska is prohibited at 
all times.
* * * * *
    (6) Chiniak Gully Research Area (applicable through July 8, 2002)--
(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 
federally permitted 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.
* * * * *
    8. In Sec. 679.23, paragraphs (d)(2), (e)(2), (e)(3), and 
(e)(4)(iii), are suspended until July 8, 2002, and paragraphs (d)(3), 
(d)(4), (e)(4)(iv), (e)(4)(v), (e)(5), (e)(6), (e)(7), and (i) are 
added to read as follows:


Sec. 679.23  Seasons.

* * * * *
    (d) * * *
    (3) Directed fishing for pollock (applicable through July 8, 2002). 
Subject to other provisions of this part, directed fishing for pollock 
in the Western and Central Regulatory Areas is authorized only during 
the following four seasons:
    (i) A season. From 1200 hours, A.l.t., January 20 through 1200 
hours, A.l.t., February 25;
    (ii) B season. From 1200 hours, A.l.t., March 10 through 1200 
hours, A.l.t., May 31;
    (iii) C season. From 1200 hours, A.l.t., August 25 through 1200 
hours, A.l.t., September 15; and
    (iv) D season. From 1200 hours, A.l.t., October 1 through 1200 
hours, A.l.t., November 1.
    (4) Directed fishing for Pacific cod (applicable through July 8, 
2002)--(i) Hook-and-line, pot, or jig gear. Subject to other provisions 
of this part, directed fishing for Pacific cod with hook-and-line, pot, 
or jig 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 1200 
hours, A.l.t., November 1.
    (e) * * *
    (4) * * *
    (iv) Groundfish CDQ (applicable through July 8, 2002). Fishing for

[[Page 1004]]

groundfish CDQ species, other than pollock CDQ; hook-and-line, jig, or 
trawl Pacific cod CDQ; and fixed gear sablefish CDQ under subpart C of 
this part, is authorized from 0001 hours, A.l.t., January 1 through the 
end of each fishing year, except as provided under paragraph (c) of 
this section.
    (v) Pollock CDQ and Pacific cod CDQ harvested with hook-and-line, 
jig or trawl gear (applicable through July 8, 2002). (A) Fishing for 
pollock CDQ is authorized under paragraph (e)(5) of this section.
    (B) Fishing for Pacific cod CDQ with hook-and-line, jig or trawl 
gear is authorized under paragraph (e)(6) of this section.
    (5) Directed fishing for pollock in the Bering Sea Subarea by 
inshore, offshore catcher/processor, and mothership components and 
pollock CDQ fisheries (applicable through July 8, 2002). Subject to 
other provisions of this part, directed fishing for pollock by vessels 
catching pollock for processing by the inshore component, catcher/
processors in the offshore component, and motherships in the offshore 
component in the Bering Sea subarea or directed fishing for pollock CDQ 
in the Bering Sea subarea is authorized only during the following two 
seasons:
    (i) A season. From 1200 hours, A.l.t., January 20 through 1200 
hours, A.l.t., June 10; and
    (ii) B season. From 1200 hours, A.l.t., June 10 through 1200 hours, 
A.l.t., November 1.
    (6) Directed fishing for Pacific cod (applicable through July 8, 
2002). (i) Fixed gear. Subject to other provisions of this part, 
directed fishing for Pacific cod with fixed gear in the BSAI is 
authorized only during the following two seasons:
    (ii) Hook-and-line and jig gear. Subject to other provisions of 
this part, directed fishing for CDQ and non-CDQ Pacific cod with 
vessels equal to or greater than 60 ft (18.3 m) LOA using hook-and-line 
and with vessels using jig 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. From 1200 hours, A.l.t., June 10 through 2400 hours, 
A.l.t., December 31.
    (iii) Trawl gear. Subject to other provisions of this part, 
directed fishing for CDQ and non-CDQ Pacific cod with trawl gear in the 
BSAI is authorized only during the following three seasons:
    (A) A season. From 1200 hours, A.l.t., January 20 through 1200 
hours, A.l.t., April 1;
    (B) B season. From 1200 hours, A.l.t., April 1 through 1200 hours, 
A.l.t., June 10; and
    (C) C season. From 1200 hours, A.l.t., June 10 through 1200 hours, 
A.l.t., November 1.
    (iv) Pot gear. Subject to other provisions of this part, non-CDQ 
directed fishing for Pacific cod with vessels equal to or greater than 
60 ft (18.3 m) LOA using pot 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. From 1200 hours, A.l.t., September 1 through 2400 
hours, A.l.t., December 31.
    (7) Directed fishing for Atka mackerel with trawl gear (applicable 
through July 8, 2002). Subject to other provisions of this part, non-
CDQ directed fishing for Atka mackerel with trawl gear in the Aleutian 
Islands subarea is authorized only during the following two seasons:
    (i) A season. From 1200 hours, A.l.t., January 20 through 1200 
hours, A.l.t., April 15; and
    (ii) B season. From 1200 hours, A.l.t., September 1 through 1200 
hours, A.l.t., November 1.
* * * * *
    (i) Catcher vessel exclusive fishing seasons for pollock 
(applicable through July 8, 2002). Catcher vessels are prohibited from 
participating in directed fishing for pollock under the following 
conditions. Vessels less than 125 ft (38.1 m) LOA are exempt from this 
restriction when fishing east of 157 deg.00' W long. GOA and Bering Sea 
seasons are specified at Sec. 679.23(d)(3) and Sec. 679.23(e)(5).

------------------------------------------------------------------------
                                                         Then you are
                                                        prohibited from
                                                         subsequently
 If you own or operate a catcher                          engaging in
  vessel and engage in directed       During the       directed fishing
   fishing for pollock in the                          for pollock with
                                                         that catcher
                                                         vessel in the
------------------------------------------------------------------------
Bering Sea subarea..............  A season..........  GOA until the
                                                       following C
                                                       season.
                                  B season..........  GOA until the A
                                                       season of the
                                                       next year.
GOA.............................  A season..........  BSAI until the
                                                       following B
                                                       season.
                                  B season..........  BSAI until the
                                                       following B
                                                       season.
                                  C season..........  BSAI until the A
                                                       season of the
                                                       following year.
                                  D season..........  BSAI until the A
                                                       season of the
                                                       following year.
------------------------------------------------------------------------


    8a. In Sec. 679.23, new paragraph (e)(6)(i) is suspended until July 
8, 2002.

    9. In Sec. 679.28, paragraph (f)(3)(viii) is added to read as 
follows:


Sec. 679.28  Equipment and operational requirements.

* * * * *
    (f) * * *
    (3) * * *
    (viii) (Applicable 1200 hours A. l. t. June 10, 2002, through July 
8, 2002) For vessels permitted to fish in the pollock, Pacific cod, or 
Atka mackerel directed fisheries under Sec. 679.4(b)(5)(iv)(E), the 
vessel owner must inform NMFS Enforcement Division by FAX at least 72 
hours before entering the area the vessel is permitted to directed fish 
for pollock, Atka mackerel, or Pacific cod, of the VMS transponder ID 
and the vessel ID on which the VMS unit is used and the approximate 
time and location that the vessel will begin directed fishing for 
groundfish or halibut IFQ.

    10. In Sec. 679.31, paragraph (f) is suspended until July 8, 2002, 
and paragraph (g) is added to read as follows:


Sec. 679.31  CDQ reserves.

* * * * *
    (g) Non-specific CDQ reserve (applicable through July 8, 2002). 
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.

    11. In Sec. 679.32, paragraphs (a)(2) and (e) are suspended until 
July 8, 2002.

[[Page 1005]]


    12. In Sec. 679.50, paragraph (c)(4)(i) is suspended until July 8, 
2002, paragraph (c)(5) is added and reserved, and paragraphs (c)(1)(x), 
(c)(4)(vi), and (c)(6) are added to read as follows:


Sec. 679.50  Groundfish observer program applicable through December 
31, 2002.

* * * * *
    (c) * * *
    (1) * * *
    (x) (Applicable through July 8, 2002) A vessel directed fishing 
with trawl gear for Atka mackerel in the Aleutian Islands subarea must 
carry two NMFS-certified observers at all times while directed fishing 
for Atka mackerel in the harvest limit area for platoon managed Atka 
mackerel directed fishing, as defined in Sec. 679.2.
* * * * *
    (4) * * *
    (vi) Motherships or catcher/processors using trawl gear (applicable 
January 15, 2002, through July 8, 2002). (A) A mothership or catcher/
processor vessel using trawl gear to participate in a directed fishery 
for pollock CDQ must have at least two NMFS-certified observers aboard 
the vessel, at least one of whom must be certified as a lead CDQ 
observer as described at paragraph (h)(1)(i)(E) of this section.
    (B) A mothership or catcher/processor vessel using trawl gear to 
participate in a directed fishery for other than pollock CDQ must have 
at least two CDQ observes as described at paragraphs (h)(1)(i)(D) and 
(E) of this section aboard the vessel, at least one of whom must be 
certified as a lead CDQ observer.
* * * * *
    (6) AFA catcher/processors and motherships (applicable January 15, 
2002, through July 8, 2002).
    (i) Coverage requirement--(A) Unrestricted AFA catcher/processors 
and AFA motherships. The owner or operator of an unrestricted AFA 
catcher/processor or AFA mothership must provide at least two NMFS-
certified observers for each day that the vessel is used to harvest, 
process, or take deliveries of groundfish. More than two observers are 
required if the observer workload restriction in paragraph (c)(6)(iii) 
of this section would otherwise preclude sampling.
    (B) Restricted AFA catcher/processors. The owner or operator of a 
restricted AFA catcher/processor must provide at least two NMFS-
certified observers for each day that the vessel is used to engage in 
directed fishing for pollock in the BSAI, or take deliveries of pollock 
harvested in the BSAI. When a restricted AFA catcher/processor is not 
engaged in directed fishing for BSAI pollock and is not receiving 
deliveries of pollock harvested in the BSAI, the observer coverage 
requirements in paragraph (c)(1)(iv) of this section apply.
    (ii) Certification level. At least one of the observers required 
under paragraphs (c)(6)(i)(A) and (B) of this section must be certified 
as a lead CDQ observer as specified in paragraph (h)(1)(i)(E)(1) of 
this section.
    (iii) Observer work load. The time required for the observer to 
complete sampling, data recording, and data communication duties may 
not exceed 12 consecutive hours in each 24-hour period, and the 
observer may not sample more than 9 hours in each 24-hour period.
* * * * *

    13. In 50 CFR part 679, Tables 4, 5, and 6 are suspended until July 
8, 2002, and Tables 21, 22, 23, and 24 are added to read as follows:

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[FR Doc. 01-32251 Filed 12-31-01; 10:44 am]
BILLING CODE 3510-22-P