[Federal Register Volume 67, Number 95 (Thursday, May 16, 2002)]
[Rules and Regulations]
[Pages 34860-34861]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-12278]


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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-AQ02


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: Extension of emergency interim rule; request for comments.

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SUMMARY: On January 8, 2002, NMFS published an emergency interim rule, 
effective through July 8, 2002, that implemented Steller sea lion 
protection measures to avoid the likelihood that the groundfish 
fisheries off Alaska will jeopardize the continued existence of the 
western distinct population segment of Steller sea lions, or adversely 
modify its critical habitat. The emergency interim rule also 
implemented 2002 harvest specifications for the groundfish fisheries 
off Alaska. This action extends the emergency interim rule through 
December 31, 2002. This emergency action is necessary to continue to 
implement Steller sea lion protection measures until completion of 
notice and comment rulemaking and to continue implementation of 2002 
harvest specifications for the remainder of the 2002 fishing year.

DATES: The expiration date of the emergency interim rule published 
January 8, 2002 (67 FR 956), and amended and corrected May 1, 2002 (67 
FR 21600) is extended through December 31, 2002. Comments must be 
received by June 14, 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-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 
(BiOp), 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, 907-586-7228 or 
[email protected].

SUPPLEMENTARY INFORMATION: Under Section 7 of the Endangered Species 
Act, NMFS issued a biological opinion (BiOp) dated October 19, 2001, on 
the pollock, Atka mackerel, and Pacific cod fisheries of the Bering Sea 
and Aleutian Islands management area (BSAI) and Gulf of Alaska (GOA) 
(see ADDRESSES). The BiOp concluded that the BSAI and GOA pollock, Atka 
mackerel, and Pacific cod fisheries, as prosecuted with the Steller sea 
lion protection measures, were not likely to jeopardize the continued 
existence of the western distinct population segment of Steller sea 
lions, nor adversely modify its critical habitat. The Steller sea lion 
protection measures accomplish three basic principles: (1) temporal 
dispersion of fishing effort, (2) spatial dispersion of fishing effort, 
and (3) groundfish fishing restrictions around Steller sea lion 
rookeries and haulouts.
    NMFS published an emergency interim rule implementing the Steller 
sea lion protection measures and 2002 harvest specifications in the 
Federal Register on January 8, 2002 (67 FR 956), amended on May 1, 2002 
(67 FR 21600), and this rule is effective through July 8, 2002.
    At its April 2002 meeting, the North Pacific Fishery Management 
Council (Council) voted to recommend

[[Page 34861]]

extension of the emergency interim rule. The preamble to the original 
emergency interim rule provides a detailed description of the purpose 
and need for the action and the 2002 harvest specifications. This 
action extends the expiration date of the emergency interim rule 
establishing Steller sea lion protection measures and 2002 harvest 
specifications (67 FR 956, January 8, 2002 and amended 67 FR 21600, May 
1, 2002) from July 8, 2002, through December 31, 2002.
    NMFS intends to complete proposed and final rulemaking later in 
2002 to permanently implement Steller sea lion protection measures, as 
recommended by the Council at its October 2001 meeting. This extension 
of an emergency interim rule is necessary to prosecute the remainder of 
the 2002 groundfish fisheries with Steller sea lion protection measures 
after July 8, 2002.
    Details concerning the basis for this action and the classification 
of the rulemaking are contained in the initial emergency rule and are 
not repeated here. Comments received regarding the January 8, 2002, 
emergency interim rule will be responded to in the proposed rulemaking 
for Steller sea lion protection measures.
    The reasons justifying promulgation of the emergency interim rule 
on an emergency basis also make it impracticable and contrary to the 
public interest to provide notice and opportunity for comment on, or to 
delay for 30 days, the effective date of this emergency interim rule 
extension, under the applicable provisions of the Administrative 
Procedure Act, 5 U.S.C. 553(b) and (d).

    Authority: 16 U.S.C. 773 et seq., 1801 et seq, and 3631 et seq

    Dated: May 10, 2002.
William T. Hogarth,
Assistant Administrator for Fisheries, National Marine Fisheries 
Service
[FR Doc. 02-12278 Filed 5-15-02; 8:45 am]
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