[Federal Register Volume 67, Number 84 (Wednesday, May 1, 2002)]
[Rules and Regulations]
[Pages 21600-21606]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-10693]



[[Page 21600]]

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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 679

[Docket No. 011218304-2062-02; I. D. 121701A]
RIN 0648-AP69


Fisheries of the Exclusive Economic Zone Off Alaska; Steller Sea 
Lion Protection Measures and 2002 Harvest Specifications and Associated 
Management Measures for the Groundfish Fisheries off Alaska; Amendment 
and Correction

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

ACTION: Emergency interim rule; amendment, correction, and request for 
comments.

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SUMMARY: This document amends and corrects a January 8, 2002, emergency 
interim rule implementing Steller sea lion protection measures and 2002 
harvest specifications for the Alaska groundfish fisheries by making 
corrections to the preamble and regulatory text. Preamble corrections 
are needed to accurately describe the regulatory text and to correct 
typographical errors. Regulatory amendments and revisions are needed to 
clarify the intent of requirements and to correct cross references.

DATES: Effective May 1, 2002, except for the correction of Sec.  
679.7(a)(18), the suspension of Sec.  679.28(f)(3)(ii), and the 
correction 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 the suspension 
of Sec.  679.7(f)(8), the addition of Sec.  679.7(f)(16), the 
suspension of Sec.  679.28(f)(3)(iv), the addition of Sec.  
679.28(f)(3)(ix), the suspension of Sec.  679.50(c)(4)(vi)(B), and the 
addition of Sec.  679.50(c)(4)(vi)(C), which will be effective May 1, 
2002 through July 8, 2002.
    Comments must be received on or before 5 p.m., A.l.t., May 31, 
2002.

ADDRESSES: Comments must be sent to Sue Salveson, Assistant Regional 
Administrator, Sustainable Fisheries Division, Alaska Region, NMFS, 
P.O. Box 21668, Juneau, AK 99802, Attn: Lori Gravel-Durall, 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 
regulatory impact review, 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 home page at http://www.fakr.noaa.gov.

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

SUPPLEMENTARY INFORMATION: The emergency interim rule published January 
8, 2002 (67 FR 956), implements Steller sea lion protection measures 
and final 2002 harvest specifications for the groundfish fisheries of 
the Bering Sea and Aleutian Islands management area (BSAI) and the Gulf 
of Alaska (GOA). As published, the final rule inadvertently contained 
errors in the preamble and regulatory text. This document corrects the 
preamble and amends and revises regulatory text and tables.

Corrections to the Preamble

    This document corrects the preamble to clarify the definition of 
the harvest limit area (HLA) for the Atka mackerel platoon fisheries 
and to clarify the geographical extent of the Atka mackerel directed 
fishing restrictions in Bering Sea critical habitat areas. First, NMFS 
notes that the definition of the HLA at Sec.  679.2 includes critical 
habitat around Tanaga Island/Bumpy Point extending west of 178 deg. W. 
long., even though the site is located east of 178 deg. W. long. The 
preamble is corrected to include within the HLA these waters of Tanaga 
Island/Bumpy Point critical habitat.
    In addition, Atka mackerel directed fishing closure east of 
178 deg. W long. was erroneously described as ``west'' of 178 deg. W. 
long. in the preamble to the emergency interim rule. This error is 
corrected by this action.
    NMFS further notes that Sec.  679.22 imposes Atka mackerel directed 
fishing restrictions in the Bering Sea critical habitat areas only for 
those critical habitat waters within 20 nautical miles (nm) of listed 
rookeries and haulouts located in the Bering Sea subarea. These 
corrections will make the preamble language consistent with the 
regulatory text at Sec.  679.22. A large portion of the Steller Sea 
Lion Conservation area (SCA) also is listed as critical habitat in the 
Bering Sea under 50 CFR 226.202, but this was not intended by the 
Council or NMFS to be included in the Atka mackerel directed fishing 
critical habitat closures. The preamble in the January 8, 2002, 
emergency interim rule did not explain that the regulation excludes the 
SCA waters from the Atka mackerel critical habitat closures in the 
Bering Sea subarea.
    The language regarding the nontrawl Pacific cod fishing season is 
corrected and expanded to include the description of the seasons 
consistent with the regulatory text at Sec.  679.23. This expanded 
description was erroneously omitted from the preamble.
    The language describing the State of Alaska restrictions around 
rookeries is corrected to clarify that the State restricts only 
commercial fishing around these rookeries, rather than the transit of 
vessels.
    The heading on Table 5 for the ``A season'' was erroneously printed 
above only the ``A DFA (40% of annual DFA)'' column heading. The ``A 
season'' column heading should also appear above the ``SCA'' column 
heading and is extended over this column by this correction.
    The year in the title to Table 7 reads ``2001'' and is corrected to 
read ``2002''. Footnote 2 to Table 7 has a typographical error that is 
also corrected with this action.
    Table 9 included a footnote 7 stating that unused halibut PSC for 
Pacific cod vessels using nontrawl gear would be available in the 
following season. The Council and NMFS intend that no halibut PSC 
should be available from June 10 through August 15 because of high 
halibut bycatch rates at this time of the year. Should this emergency 
interim rule be extended, unused portions of halibut PSC may be 
available during the following season after August 15.
    Table 12 did not indicate the full A season allocation in the SCA 
for cooperative sector vessels equal to or less than 99 ft (30.2 m) 
length overall (LOA). This document corrects the amounts for all 
cooperative sector vessels for the A season inside the SCA.
    The footnote to Table 24 did not accurately describe the time 
period of no apportionment for Pacific halibut prohibited species catch 
limits. The footnote describes the time period as the ``4th quarter'' 
which is the period from September 1 through October 1. No 
apportionment for the shallow-water and deep-water fishery complexes is 
available during October 1 through December 31. This document corrects 
the footnote to describe the correct apportionment period.

Corrections and Amendments to the Regulatory Text in the Emergency 
Interim Rule

    In Sec.  679.2, the definition of the harvest limit area (HLA) is 
corrected to

[[Page 21601]]

include the sites located west of 177 deg. 57.00' W. long. The 
coordinate in the definition was intended to include all of Tanaga 
Island/Bumpy Point. The definition, which was intended to include all 
of Tanaga Island/Bumpy Point, did not take into account the eastern 
boundary coordinate for Tanaga Island/Bumpy Point.
    Section 679.7(a) is corrected to clarify the vessel monitoring 
system (VMS) requirement and fishing prohibition. The reference to gear 
types is removed because the information exists in Sec.  679.4. The 
prohibition is corrected to include the operation of a vessel rather 
than conducting directed fishing for groundfish or IFQ halibut to 
ensure that all vessels endorsed for the Pacific cod, pollock, or Atka 
mackerel directed fisheries are subject to the prohibition, even while 
harvesting fish of other species such as crab, salmon, or lingcod. This 
also ensures that a vessel unloading fish or processing fish in port 
will also be required to operate its VMS. The prohibition is also made 
applicable in the BSAI and GOA reporting area by this correction, so 
that State of Alaska waters are included in the area covered by this 
prohibition as intended by NMFS and the Council. A vessel endorsed for 
the Pacific cod, Atka mackerel, or pollock fishery must operate VMS 
when the fishery the vessel is endorsed for is open so that NMFS is 
able to monitor compliance with the closures in waters, including the 
State of Alaska waters, around haulouts, rookeries, and foraging areas.
    Section 679.7(f) is amended to clarify the prohibition against 
discard of Pacific cod for participants in the IFQ halibut fishery. If 
a vessel is registered under Sec.  679.4 to directed fish for Pacific 
cod, then it is required to retain all catches of Pacific cod if the 
directed fishery is open, and up to the maximum retainable amount (MRA) 
if the directed Pacific cod fishery is closed. If a vessel used in the 
IFQ halibut fishery is not registered for the Pacific cod directed 
fishery, it is required to discard Pacific cod once the amount of 
Pacific cod harvested has reached the MRA specified at Sec.  679.20. 
This paragraph is amended to state that vessels not registered for the 
Pacific cod directed fishery are not prohibited from discarding Pacific 
cod.
    Section 679.20 (a)(7)(ii)(D) and (a)(7)(ii)(E) describe methods of 
reallocating unused Pacific cod trawl allocations and contain incorrect 
or incomplete allocation references. Paragraph (a)(7)(ii)(D) did not 
include a reference to paragraph (a)(7)(iii)(D) which establishes the 
seasonal apportionments and gear allocations applicable to reallocation 
under this paragraph. Paragraph (a)(7)(ii)(E) contains an erroneous 
reference to Pacific cod non-trawl gear allocations, which is not 
applicable to trawl gear reallocations. This action corrects these 
reallocation paragraphs to reference only those paragraphs establishing 
applicable trawl allocations.
    In Sec.  679.22(a)(11)(v), an ``and'' instead of an ``or'' was 
erroneously used in listing the gear types subject to the regulation. 
The closure implemented by Sec.  679.22(a)(11)(v) applies to vessels 
using any one of the gear types listed rather than all of the gear 
types listed. This error is corrected by revising this paragraph.
    Section 679.22(b)(3)(iii) is revised to specify those vessels that 
are prohibited from directed fishing for Pacific cod in the Pacific cod 
no fishing zones. The closure applies to all vessels in these zones 
within the exclusive economic zone and to vessels that have been issued 
Federal fishery permits and are participating in the State of Alaska 
parallel groundfish fisheries. However, vessels with Federal fisheries 
permits participating in the State-managed Pacific cod fishery are not 
prohibited from fishing in the Pacific cod no fishing zones in the GOA. 
The Steller sea lion protection measures were not intended to apply to 
the State-managed Pacific cod fishery, and this correction clarifies 
the application of the Pacific cod no fishing zones.
    Section 679.28(f)(3) is amended to clarify the VMS reporting and 
transmission confirmation requirements for vessels that will initially 
enter a fishery that requires VMS and for vessels that may replace a 
VMS. Paragraph (f)(3)(ii) is suspended starting June 10, 2002, because 
requirements in this paragraph are clarified and contained in Sec.  
679.28(f)(3)(viii). As part of the reasonable and prudent measures in 
the 2001 Biological Opinion, NMFS is required to monitor the location 
of vessels with Federal Fisheries permit endorsements for the Atka 
mackerel, pollock, and Pacific cod directed fisheries. The vessel owner 
is required to provide information specified in Sec.  
679.28(f)(3)(viii) by FAX and receive confirmation that the VMS 
transmission is being received before operating his or her vessel 
during an open directed fishery for which the vessel is endorsed. For 
vessels that are initially entering a fishery that requires VMS, the 
vessel owner will be required to receive confirmation of transmission 
72 hours before leaving port to allow time to make repairs or to ensure 
that the transmission is being received before the vessel enters the 
fishing grounds. Because a number of vessels with Pacific cod Federal 
Fishery Permit endorsements may also participate in other commercial 
fisheries, including crab, salmon, or lingcod, the correction includes 
the notification of when the vessel will begin operation, consistent 
with the prohibition on operation without a VMS under Sec.  
679.7(a)(18). A vessel may not operate in a BSAI or GOA reporting area 
until the transmission is confirmed, consistent with Sec.  
679.7(a)(18). Section 679.28(f)(3)(iv) is suspended and Sec.  
679.28(f)(3)(ix) is added to clarify that a vessel is required to stop 
fishing when informed only by an authorized officer that position 
reports are not being received, rather than being informed by NMFS 
staff.
    Section 679.50(c)(4)(vi)(B) is amended to clarify that the observer 
requirement applies to motherships and catcher/processors participating 
in a directed CDQ fishery. The paragraph as promulgated in the January 
8, 2002, emergency interim rule applies to all motherships and catcher/
processors instead of to only those processor vessels participating in 
the CDQ program.
    In Table 23 of this part, footnote 11 describing the Pacific cod 
trawling closures during the Atka mackerel HLA directed fishery does 
not accurately describe the waters where the closures apply. The 20-nm 
closure around Gramps Rock was intended by the Council and NMFS only 
for waters west of 178 deg. W. long. The footnote is corrected by this 
action. Also, the table heading on the last page of Table 23 is removed 
as it contains no data. Only the remaining text of footnote 5 though 
footnote 11 should be carried over.

Corrections

    In the emergency interim rule implementing Steller sea lion 
protection measures and final 2002 harvest specifications for the 
groundfish fisheries of the BSAI and the GOA, published on January 8, 
2002 (67 FR 956, FR Doc. 01-32251), corrections are made as follows:
    1. On page 961, column 1, in the last two lines of paragraph 3, (h) 
is corrected to read as follows: ``... and (h) no directed fishing with 
trawl gear for Atka mackerel in critical habitat east of 178 deg. W. 
long.''
    2. On page 961, column 2, in the continuation of paragraph 4, the 
last two lines are corrected to read as follows: ``... and (f) closure 
of all BS subarea critical habitat within 20 nm of rookeries and 
haulouts to directed fishing for Atka mackerel with trawl gear.''

[[Page 21602]]

    3. On page 965, column 1, in the first complete paragraph, the 
second sentence is corrected to read as follows: ``For purposes of Atka 
mackerel platooning and for restriction of directed fishing for Pacific 
cod with trawl gear during the Atka mackerel HLA directed fishery, the 
definition of the HLA is waters located west of 178 deg. long. within 
20 nm seaward of Steller sea lion sites listed in Table 24 of 50 CFR 
part 679 and located west of 177 deg.57.00 W. long.''
    4. On page 965, column 1, in the second complete paragraph, the 
first sentence is corrected to read as follows: ``Atka mackerel 
directed fishing is prohibited in the Seguam foraging area and critical 
habitat surrounding rookeries and haulouts, 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.''
    5. On page 965, column 3, paragraph 5, the fourth sentence is 
corrected to read as follows: ``The B season for vessels equal to or 
greater than 60 ft (18.3 m) LOA using hook-and-line gear and vessels 
using jig gear in the BSAI begins at 1200 hours, A.l.t., on June 10 and 
ends on December 31. The B season for vessels using hook-and-line, pot, 
or jig gear in the GOA and vessels equal to or greater than 60 ft (18.3 
m) LOA using pot gear in the BSAI begins at 1200 hours, A.l.t., on 
September 1 and ends on December 31.''
    6. On page 967, column 2, the first paragraph, the last sentence is 
corrected to read as follows: ``The State-managed and State parallel 
fisheries through emergency orders and regulations prohibit commercial 
fishing in waters within 3 nm of all of the rookeries listed on Table 
21.''
    7. On page 968, column 1, under the Bering Sea Closures section, 
paragraph 1, the first sentence is corrected to read as follows: ``1. 
Directed fishing for Atka mackerel by federally permitted vessels using 
trawl gear is prohibited in critical habitat within 20 nm of rookeries 
and haulouts in the Bering Sea subarea.''
    8. On page 974, Table 5 is corrected so that the ``A season'' 
heading appears above both the ``A DFA'' and the ``SCA limit'' columns 
to read as follows:
BILLING CODE 3510-22-S

[[Page 21603]]

[GRAPHIC] [TIFF OMITTED] TR01MY02.039

BILLING CODE 3510-22-C

[[Page 21604]]

    9. On pages 975 and 976, in the title to Table 7, the year ``2001'' 
is corrected to read ``2002''.
    10. On page 976, Table 7, the last sentence in footnote 2 is 
corrected to read as follows: ``Any unused portion of a seasonal 
Pacific cod allowance will be reapportioned to the next seasonal 
allowance.''
    11. On page 978, Table 9, footnote 7 is corrected to read as 
follows: ``\7\With the exception of the nontrawl Pacific cod directed 
fishery, any unused halibut PSC apportionment may be added to the 
following season's apportionment. Any unused halibut PSC apportioned to 
the nontrawl Pacific cod directed fishery during the January 1 through 
June 10 time period will not be available until after August 15.''
    12. On page 980, Table 12, in the third column of the table under 
the heading the A season inside SCA in the first line, ``161,601'' is 
corrected to read ``154,025'' and in the second line, ``17,675'' is 
corrected to read ``25,250''.
    13. On page 992, Table 24, the footnote is corrected to read as 
follows: ``No separate apportionment to shallow-water and deep-water 
fishery complexes during October 1 to December 31.''

Classification

    The Administrator, Alaska Region, NMFS (Regional Administrator), 
has determined that this amendment is necessary for the conservation 
and management of the groundfish fisheries of the BSAI and GOA. The 
Regional Administrator also has determined that this amendment is 
consistent with the Magnuson-Stevens Fishery Conservation and 
Management Act and other applicable laws. No relevant Federal rules 
exist that may duplicate, overlap, or conflict with this action.
    This amendment has been determined to be not significant for 
purposes of Executive Order 12866.
    Consistent with the National Environmental Policy Act (NEPA), NMFS 
prepared an EA for the total allowable catch specifications portion of 
the January 8, 2002, emergency interim rule. 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 requirements of the 
Endangered Species Act (ESA) with regard to Steller sea lion 
protection. Potential adverse impacts on marine mammals resulting from 
fishing activities conducted under the emergency interim rule (67 FR 
956, January 8, 2002) are discussed in the EA and final SEIS. The 
corrections and amendments in this action are within the scope of these 
NEPA analyses.
    A formal section 7 consultation under the ESA was initiated for the 
emergency interim rule (67 FR 956, January 8, 2002) under the FMPs for 
the groundfish fisheries of the BSAI and the GOA. In a biological 
opinion dated October 17, 2001, NMFS determined that fishing activities 
conducted under the Steller sea lion protection measures implemented by 
the emergency interim rule (67 FR 956, January 8, 2002) 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. The determination based on biological opinions dated 
December 22, 1999, and December 23, 1999, was extended for 1 year from 
January 1, 2002, to January 1, 2003, for purposes of the harvest 
specifications implemented by the January 8, 2002, emergency interim 
rule. These amendments and corrections are consistent with the 
objectives for Steller sea lion protection measures implemented in 2001 
under section 209(c)(6) of Pub. L. 106-554, the ESA, and other 
applicable laws, and will not affect listed species or critical habitat 
in any manner not previously evaluated in prior consultations.
    By this action, NMFS is correcting the 2002 harvest specifications 
and Steller sea lion protection measures which have been in effect 
since January 1, 2002, for the BSAI and GOA. These amendments and 
corrections clarify to whom and where the regulations apply and 
eliminate inconsistencies in regulations for activities currently being 
conducted pursuant to emergency regulations, published on January 8, 
2002, (67 FR 956). A delay in implementing these corrections and 
amendments would continue to impose inconsistent regulatory 
requirements on regulated fishermen. Additionally, if prior notice and 
an opportunity for public comment was afforded, the underlying rule 
being amended and corrected by this rule might no longer be effective 
and then the changes implemented by this emergency interim rule might 
be moot. Accordingly, good cause exists to forego public notice and 
comment pursuant to 5 U.S.C. 553(b)(3). For the same reasons, good 
cause exists to waive the delay in the effective date pursuant to 5 
U.S.C. 553(d)(3). Because prior notice and opportunity for public 
comment are not required for this amendment to the 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, a regulatory flexibility analysis has not been 
prepared.

List of Subjects in 50 CFR Part 679

    Alaska, Fisheries, Recordkeeping and reporting requirements.

    Dated: April 25, 2002.
William T. Hogarth,
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.


Sec.  679.2  [Corrected]

    2. On page 999, in the second column, in Sec.  679.2, in the 
definition for Harvest limit area, the last line, the coordinate 
``177.58 deg. W. long.'' is corrected to read ``177 deg.57.00' W. 
long.''.

    3. On page 999, beginning in the third column, in Sec.  679.7, 
paragraph (a)(18) is corrected to read as follows:


Sec.  679.7  Prohibitions.

* * * * *
    (a) * * *
    (18) Pollock, Pacific cod, and Atka mackerel directed fishing and 
VMS (applicable 1200 hours A.l.t., June 10, 2002, through July 8, 
2002). Operate a vessel which is authorized under Sec.  679.4 (b)(5)(v) 
to participate in the Atka mackerel, Pacific cod or pollock directed 
fisheries in any BSAI or GOA reporting areas, unless the vessel carries 
an operable NMFS-approved Vessel Monitoring System (VMS) transmitter 
and complies with the requirements in Sec.  679.28(f).
* * * * *

    4. In Sec.  679.7, paragraph (f)(8) is suspended May 1, 2002, 
through July 8, 2002, and paragraph (f)(16) is added May 1, 2002, 
through July 8, 2002, to read as follows:


Sec.  679.7  Prohibitions.

* * * * *
    (f) * * *
    (16) (Applicable May 1, 2002, through July 8, 2002) Discard Pacific 
cod or

[[Page 21605]]

rockfish that are taken when IFQ halibut or IFQ sablefish are on board, 
unless:
    (i) Pacific cod or rockfish are required to be discarded under 
Sec.  679.20,
    (ii) the vessel is not registered under Sec.  679.4 for the Pacific 
cod directed fishery and the amount of Pacific cod harvested has 
reached the maximum retainable amount under Sec.  679.20(e), or
    (iii) in waters within the State of Alaska, Pacific cod or rockfish 
are required to be discarded by laws of the State of Alaska.
* * * * *

    5. In Sec.  679.20, paragraphs (a)(7)(ii)(D) and (a)(7)(ii)(E) are 
revised to read as follows:


Sec.  679.20  General limitations.

* * * * *
    (a) * * *
    (7) * * *
    (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 allocation to those vessels under 
paragraphs (a)(7)(i), (a)(7)(ii)(C) or (a)(7)(iii)(D) 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 paragraphs (a)(7)(ii)(D) and 
(a)(7)(iii)(D) of this section may be reapportioned by the Regional 
Administrator, through notification in the Federal Register, to the 
subsequent seasonal allocations for vessels using trawl gear.
* * * * *

    6. In Sec.  679.22, paragraphs (a)(11)(v) and (b)(3)(iii) are 
revised to read as follows:


Sec.  679.22  Closures.

    (a) * * *
    (11) * * *
    (v) Pacific cod 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 on Table 23 of this part 
and are identifiable by ``BS'' in column 2.
* * * * *
    (b) * * *
    (3) * * *
    (iii) Pacific cod closures. Directed fishing for Pacific cod by 
federally permitted vessels using trawl, hook-and-line, or pot gear in 
the federally managed Pacific cod or State of Alaska parallel 
groundfish fisheries, as defined in the Alaska Administrative Code (5 
AAC 28.087(c), January 3, 2002), 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.
* * * * *

    7. In Sec.  679.28, paragraph (f)(3)(ii) is suspended 1200 hours 
A.l.t., June 10, 2002, through July 8, 2002, paragraph (f)(3)(iv) is 
suspended May 1, 2002, through July 8, 2002, and paragraph (f)(3)(ix) 
is added effective May 1, 2002, through July 8, 2002, to read as 
follows:


Sec.  679.28  Equipment and operational requirements.

* * * * *
    (f) * * *
    (3) * * *
    (ix) (Effective May 1, 2002, through July 8, 2002) Stop fishing 
immediately if informed by an authorized officer that NMFS is not 
receiving position reports from the VMS transmitter.

    8. On page 1004, in the first column, in Sec.  679.28, paragraph 
(f)(3)(viii) is corrected 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) Reporting and transmission confirmation requirements for 
vessels endorsed under Sec.  679.4(b)(5)(v) and installing a VMS:
    (A) For vessels initially entering a fishery which requires VMS:
    (1) Provide to NMFS Enforcement Division by FAX the VMS 
transmitter(s) ID and the vessel ID on which the VMS(s) are used.
    (2) At least 72 hours before leaving port, activate the VMS 
transmitter and call NMFS Enforcement Division at 907-586-7225 between 
the hours of 0800 hours, A.l.t., and 1630 hours, A.l.t. to receive 
confirmation that the VMS transmissions are being received.
    (B) For all other vessels endorsed under Sec.  679.4(b)(5)(v) and 
installing a VMS:
    (1) If the vessel is switching its VMS transmitters, provide to 
NMFS Enforcement Division by FAX the following information: the VMS 
transmitter ID, and the ID of the vessel on which the VMS will be used.
    (2) Activate the VMS transmitter and call NMFS Enforcement Division 
at 907-586-7225 between the hours of 0800 hours, A.l.t., and 1630 
hours, A.l.t. to receive confirmation that the VMS transmissions are 
being received.
    (C) No vessel required to carry a VMS pursuant to Sec.  
679.7(a)(18) may operate in a BSAI or GOA reporting area until the 
vessel has received confirmation from NMFS that the VMS transmissions 
are being received.
* * * * *

    9. In Sec.  679.50, paragraph (c)(4)(vi)(B) is suspended effective 
May 1, 2002, through July 8, 2002, and paragraph (c)(4)(vi)(C) is added 
effective May 1, 2002, through July 8, 2002, to read as follows:


Sec.  679.50  Groundfish Observer Program applicable through December 
31, 2002.

* * * * *
    (c) * * *
    (4) * * *
    (vi) * * *
    (C) (Effective May 1, 2002, through July 8, 2002) A mothership or 
catcher/processor vessel engaged in fishing with trawl gear in a 
directed CDQ fishery for other than pollock CDQ must carry at least two 
CDQ observers 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.
* * * * *

    10. In Table 23 to CFR part 679, footnote 11 is revised. The 
revised page containing the amendment to Table 23, footnote 11, reads 
as follows:
    Table 23 to 50 CFR Part 679 Steller Sea Lion Protection Areas 
Pacific Cod Fisheries Restrictions
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[[Page 21606]]

[GRAPHIC] [TIFF OMITTED] TR01MY02.040

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[FR Doc. 02-10693 Filed 4-30-02; 8:45 am]
BILLING CODE 3510-22-C