[Federal Register Volume 67, Number 171 (Wednesday, September 4, 2002)]
[Proposed Rules]
[Pages 56692-56738]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-21985]



[[Page 56691]]

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Part IV





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; Proposed 
Rule

  Federal Register / Vol. 67, No. 171 / Wednesday, September 4, 2002 / 
Proposed Rules  

[[Page 56692]]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 679

[Docket No. 020718172217201; I.D. 051402C]
RIN 0648AQ08


Fisheries of the Exclusive Economic Zone Off Alaska; Steller Sea 
Lion Protection Measures for the Groundfish Fisheries Off Alaska

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

ACTION: Proposed rule; request for comments.

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SUMMARY: NMFS issues a proposed 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 distinct population segment (DPS) of Steller sea lions or 
adversely modify its 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. The intended 
effect of this proposed rule is to protect the endangered western DPS 
of Steller sea lions, as required under the Endangered Species Act 
(ESA), and to conserve and manage the groundfish resources in the 
Bering Sea/Aleutian Islands area (BSAI) and the Gulf of Alaska (GOA) in 
accordance with the Magnuson-Stevens Fishery Conservation and 
Management Act (Magnuson-Stevens Act).

DATES: Comments on the proposed rule must be received on or before 
October 4, 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 environmental assessment/regulatory impact 
review/initial regulatory flexibility analysis (EA/RIR/IRFA) for the 
regulatory amendment to permit an investigation of the effect of 
commercial fishing on Walleye pollock distribution and abundance in 
localized areas off the east side of Kodiak Island, 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, the November 30, 
2000, biological opinion, the initial regulatory flexibility analysis, 
and the October 2000 Biological Opinion Questions NMFS white paper, may 
be obtained from the same address. The SEIS is also available on the 
NMFS Alaska Region home page at http://www.fakr.noaa.gov. Send comments 
on collection-of-information requirements to NMFS, Alaska Region, and 
to the Office of Information and Regulatory Affairs (OIRA), Office of 
Management and Budget (OMB), Washington, DC 20503 (Attn: NOAA Desk 
Officer).

FOR FURTHER INFORMATION CONTACT: Melanie Brown, Sustainable Fisheries 
Division, Alaska Region, 9075867228 or email at [email protected].

SUPPLEMENTARY INFORMATION: NMFS manages the groundfish fisheries in the 
exclusive economic zone off Alaska under the Fishery Management Plan 
for the Groundfish Fishery of the Bering Sea and Aleutian Islands area 
and the Fishery Management Plan for Groundfish of the Gulf of Alaska 
(FMPs). The 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 ESA of 1973, 16 U.S.C. 1531, et seq., and 
the authority to promulgate regulations to enforce provisions of the 
ESA to protect such species.

Background

    On November 30, 2000, NMFS issued a biological opinion on the FMPs 
(comprehensive BiOp), which determined that the pollock, Pacific cod, 
and Atka mackerel fisheries were likely to jeopardize the continued 
existence of the western DPS of Steller sea lions and to adversely 
modify its critical habitat. It contained a reasonable and prudent 
alternative (RPA) that included large fishery closure areas, harvest 
limits and seasonal distribution of harvest for the pollock, Pacific 
cod, and Atka mackerel fisheries. Before the RPA could be implemented, 
the President signed Public Law 106554 on December 21, 2000, which 
contained a 1year timetable to phase in the RPA. This year provided the 
Council with time to develop alternative conservation measures that 
would avoid jeopardy and adverse modification of critical habitat for 
Steller sea lions.
    The Council appointed an RPA Committee consisting of a variety of 
members including commercial fishery interests, the environmental 
community, the Alaska Department of Fish and Game (ADF&G), and NMFS. 
The RPA Committee met numerous times throughout 2001 to evaluate the 
best scientific and commercial data available and, with the assistance 
of agency expertise, developed recommendations for conservation 
measures for the pollock, Pacific cod, and Atka mackerel fisheries. 
More details on the protection measures development process follow 
later in this preamble.
    In a section 7 consultation under the ESA, NMFS issued a biological 
opinion (2001 BiOp), which determined that the protection measures in 
this proposed rule are unlikely to jeopardize the continued existence 
of the western DPS of Steller sea lions or adversely modify its 
critical habitat. Following this determination and, with the assistance 
of a draft SEIS on a suite of possible management measures, the Council 
adopted and forwarded to NMFS the conservation actions contained in 
this proposed rule, which are necessary to comply with the ESA. These 
measures are currently being implemented by emergency interim rule (67 
FR 956, January 8, 2002, amended 67 FR 21600, May 1, 2002, and extended 
67 FR 34860, May 16, 2002). The measures contained in this proposed 
rule will not be implemented until the emergency interim rule expires 
on December 31, 2002.
    A detailed history on past biological opinions and court cases 
regarding Steller sea lions and the Alaska groundfish fisheries and a 
description of how the protection measures meet the national standards 
in the Magnuson-Stevens Act are presented in the preamble to the 
January 8, 2002, emergency interim rule.
    Status of the Endangered Western DPS of Steller Sea Lions
    In 1990, NMFS designated Steller sea lions 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, including the marine areas within 20 
nautical miles (nm) of major rookeries and haulouts west of 144[deg] W 
longitude (long.) and three large aquatic foraging areas. In 1997, NMFS 
recognized two separate populations and reclassified the western DPS 
(west

[[Page 56693]]

of 144[deg] W long.) as endangered under the ESA.
    The western DPS of Steller sea lions has been in decline since the 
late 1970s when the first reliable population estimates were made 
(about 109,800 animals). During the 1980s, a precipitous decline of 
Steller sea lions was observed and by 1996, the population had declined 
by 80 percent. Counts of adult and juvenile Steller sea lions have 
continued to decline over the last decade, but at a reduced annual rate 
of roughly 5 percent.
    In the 2001 BiOp, NMFS recognized that the current decline of the 
species is likely due to multiple factors including environmental 
changes such as El Nino and the Pacific Decadal Oscillation, predation, 
subsistence harvests, incidental take in fisheries, and competition for 
prey resources with pollock, Pacific cod, and Atka mackerel fisheries. 
This last issue, competition with fisheries, is addressed by this 
action. Diet studies indicate that Steller sea lions depend on pollock, 
Pacific cod, and Atka mackerel as major prey resources. Also, the 
winter time is likely the most sensitive period for juveniles and 
lactating females during which they may be easily susceptible to local 
prey depletions. These winter fisheries, in particular, could adversely 
affect Steller sea lions. However, given the complexity of the marine 
environment and the lack of complete information on the foraging 
requirements of Steller sea lions, NMFS has determined that this 
population is likely to continue to decline into the next decade partly 
because of the inability to statistically detect a change in the 
population trajectory until an estimated period of 6 to 8 years has 
elapsed (34 population surveys).
    More information on environmental changes in the BSAI and GOA and 
on potential effects on Steller sea lions is detailed in section 4.4.1 
of the 2001 BiOp (see ADDRESSES).

Development of 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 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 Alaska Department of Fish and Game (ADF&G).
    In developing protection measures for the second half of 2001 and 
for 2002 and beyond, the RPA Committee's first goal was to determine 
adequate forage for Steller sea lions using the best scientific 
information available. Its second goal was to maximize the economic 
benefit to the fishing industry within the constraints imposed by the 
Magnuson-Stevens Act, the ESA, and other applicable laws. The RPA 
Committee met numerous times to review current Steller sea lion biology 
and known habitat requirements, the reasonable and prudent alternative 
(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 67, March 2629, April 9, May 911, May 2124, and August 2324. 
These meetings were open to the public and several opportunities for 
the public to comment were available during each meeting.
    After the available scientific information on Steller sea lion 
biology was discussed, the RPA Committee reviewed commercial fisheries 
and harvest data to determine the competitive overlap between fisheries 
and Steller sea lions. The RPA Committee then developed a fisheries 
management program intended to meet all of the requirements of the ESA 
and to comply with the Magnuson-Stevens Act, including the national 
standards. 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 and were implemented by amendment to an emergency 
interim rule (66 FR 37167, July 17, 2001).
    In June 2001, the RPA Committee recommended Steller sea lion 
protection measures for 2002 and beyond. However, the RPA Committee did 
not reach consensus regarding the recommendations; two representatives 
from the environmental community objected and provided a minority 
report with the May 2124 RPA Committee minutes. Both the RPA 
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 were 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 alternatives to be analyzed in the SEIS, including the RPA 
Committee's recommendations and the protection measures described in 
the minority report mentioned above. NMFS reviewed the Council's 
recommendations for alternatives 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 identified the RPA Committee's recommendations 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 exemptions for small vessels using nontrawl gear 
in directed fishing for Pacific cod 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 Alaska Region, Sustainable Fisheries 
Division (SFD) reinitiated consultation under the ESA with the NMFS 
Alaska Region Protected Resources Division (PRD) based on the 
availability of new information and on substantial changes in the 
action 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 PRD 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).
    The draft 2001 BiOp did not entirely replace the previous 
comprehensive BiOp. The analysis contained in the BiOp remains valid 
and meets NMFS' requirement to consult at the FMP level. However, the 
RPA measures from the comprehensive BiOp are not being implemented 
since the management measures developed by the Council and implemented 
by this rule were also determined in the 2001 BiOp to avoid jeopardy 
and adverse modification of critical habitat. During informal 
consultations, the SFD and the PRD 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

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endangered and threatened DPSs of Steller sea lions were the subject of 
the formal consultation and draft biological opinion issued by the PRD.
    The Council conducted a special meeting in September 2001 to review 
the draft SEIS and the draft 2001 BiOp. After reviewing 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 
because opening these areas would reduce their values as control sites 
for evaluating management measures and would increase the likelihood 
for competitive interactions with sea lions and because these sites 
have not been economically important to the small boat fleets. Also, 
the Council decided not to include the GOA ``gear zone'' option because 
of potential conflicts with Magnuson-Stevens Act national standards 8 
and 10 (i.e., local community access to fishing resources and safety).
    In October 2001, 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 draft 
2001 BiOp concluded that Alternative 4 met the requirements of the ESA 
to protect listed species. The SEIS concluded that Alternative 5 
effects on Steller sea lions and on their critical habitat would be 
similar to the effects of Alternative 4. Analysis of Alternatives 2 and 
3 concluded that effects on Steller sea lions and their critical 
habitat would be less adverse for those alternatives than under 
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 with Alternative 4.
    After the alternatives that met the ESA requirements were 
identified, the Council then determined which alternative resulted in 
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 recommended 
Alternative 4, and NMFS concurs with the Council's recommendation. The 
final SEIS is available from NMFS (see ADDRESSES) or from the NMFS' 
home page at http://www.fakr.noaa.gov.
    NMFS solicited comments on the draft 2001 BiOp to be considered in 
the final biological opinion. NMFS released the final 2001 BiOp on 
October 19, 2001, as an appendix to the final SEIS. Copies of the 2001 
BiOp are available from NMFS (see ADDRESSES) or from the Alaska NMFS 
Region home page at http://www.fakr.noaa.gov. The final 2001 BiOp 
concluded that the proposed action under Alternative 4, which is 
contained in this proposed rule, is not likely to jeopardize the 
continued existence of either the eastern or western DPSs of Steller 
sea lions or to adversely modify its critical habitat.
    In October 2001, the Council modified the preferred alternative. 
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 nearshore 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 level of harvest 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 
vessel exemption in a portion of 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.

Protection Measures and the Most Recent Information

    Scientists generally agree that the decline of the western DPS of 
Steller sea lions is due to a combination of factors, including 
nutritional stress, predation and natural environmental changes. These 
factors are thought to primarily affect juveniles and, to a lesser 
extent, adult females, although the mechanism and 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 should provide clarification on the causes for the 
sea lion decline.
    The ESA requires NMFS to develop a recovery plan for Steller sea 
lions that includes criteria for delisting the species. A recovery plan 
was developed in 1992 with a set of delisting criteria for the Steller 
sea lion population, which included the entire Steller sea lion 
population in the North Pacific. However, in 1997 the population was 
split into two DPSs. The delisting criteria have not been revised for 
either DPS. A new Steller sea lion recovery team has been assembled and 
met in January 2002. The team will review the best available scientific 
and commercial data and will develop a new recovery plan within two 
years. Because no recovery criteria specific to the western DPS have 
been developed, the 2001 BiOp addressed recovery in terms of the likely 
effects of the proposed action on the overall Steller sea lion 
population trajectory.
    The 2001 BiOp concluded that the impact of the groundfish fisheries 
on the decline of the western DPS of Steller sea lions is likely to be 
small under the protection measures specified in this proposed rule. 
Although adverse impacts to the two DPSs of Steller sea lions are 
expected due to these groundfish fisheries, they are unlikely to 
jeopardize the continued existence or adversely modify their critical 
habitat. These protection measures are designed to avoid reductions in 
the abundance of Steller sea lion prey in a manner which would reduce 
sea lion foraging success.
    These protection measures address competitive interactions between 
the groundfish fishery and Steller sea lions in several ways. First, 
these measures would 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 would distribute the catch of important 
prey species over zones of key importance to critical components of the 
Steller sea lion DPS and over time to reduce the effects of localized 
depletion. Localized depletion for Steller sea lions is the reduction 
of prey resources to a level that decreases the efficiency of foraging 
sea lions, so that it adversely affects their health or increases their 
risk to predation. Finally, the protection measures will prohibit 
fishing in areas

[[Page 56695]]

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 some 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 010 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. The best 
available information on the foraging patterns of Steller sea lions was 
summarized in a series of white papers by NMFS and the ADF&G. This 
information, along with historical data, was incorporated into the 2001 
BiOp for the two DPSs 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, with additional information from juveniles and lactating 
females, indicate a preference to remain close to shore, generally 
within 10 nm during the summer. While tagged sea lions were observed to 
travel beyond 10 nm, these trips were infrequent and often involved 
trips well beyond the boundaries of critical habitat. About 90 percent 
of the observations obtained via telemetry showed trips within 10 nm of 
shore. In the case of adult male Steller sea lions, POP data provide 
the best information because little telemetry data have been collected 
for these animals. For adult males, the data indicate much longer trips 
over greater distances than for juveniles and lactating females.
    Juveniles and adult females with pups require access to prey close 
to shore, due to the need to return often to a rookery or haulout. This 
behavior pattern makes them more susceptible to localized depletions of 
prey over relatively small areas. In other words, a lactating female 
does not have the choice of swimming farther offshore to find 
additional prey, she must return to feed her pup within a given time 
period or that pup may starve. The available data suggest that a lack 
of juvenile survival may be the proximate cause of the decline. This 
supports NMFS' decision to weigh heavily the telemetry data when 
determining protections for the western DPS of Steller sea lions. The 
telemetry data provide the most recent information on the most 
sensitive aspect of the population and where they are likely to be 
affected by localized depletion of prey by the groundfish fisheries. 
For these reasons, NMFS is implementing protection areas that extend 
from the shore around major rookeries and haulouts to 10 nm. In this 
way, NMFS has reasoned that the groundfish fisheries are unlikely to 
substantially reduce the foraging success of Steller sea lions. Animals 
that do come in contact with groundfish fisheries will have adequate 
opportunity to find prey such that their foraging success will not be 
compromised. These animals will be both older males and females that 
are adept at locating prey and resilient enough to find alternative 
places to fish.
    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 some 
cases, sites with higher rates of decline receive additional protection 
over areas with less decline under the measures in this proposed rule.
    Under the proposed rule, the Bogoslof area, the Seguam foraging 
area, and the Chignik critical habitat areas would 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 a small portion of 
the Bogoslof area. Furthermore, the Chiniak Gully would be closed to 
trawling August 1 through September 20 to determine the impact of trawl 
fishing on abundance and distribution of pollock. A review of the 2001 
BiOp by the National Academy of Sciences may provide further 
recommendations on whether an experimental design could be developed 
that uses these closed areas or control sites to provide the 
information needed on the efficacy of proposed protection measures.

Summary of the 2002 Protection Measures

    The following is a summary of protection measures. More detailed 
descriptions by topic, fishery, and area follow in this preamble. In 
November 2001, The State of Alaska Board of Fisheries (BOF) adopted the 
same protection measures for the parallel State fisheries in 2002, with 
two exceptions in the GOA Pacific cod pot fishery noted below. The 
ADF&G should be contacted for details on Steller sea lion protection 
measures inside State waters. Closure areas apply to federally 
permitted vessels in the groundfish fisheries in the BSAI and GOA 
reporting areas, including State waters. Protection measures include:
    1. Area closures for all groundfish fishing within 03 nm of 39 
rookery sites. These sites are considered the most sensitive for 
females with pups, and the nearshore marine critical habitat is 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 the 
following: (a) A modified harvest control rule to prohibit directed 
fishing when the spawning biomass falls below 20 percent of the 
projected unfished biomass, (b) closures within 10 or 20 nm of selected 
haulout and rookery sites to directed fishing for Atka mackerel, 
pollock, and Pacific cod in the GOA and BSAI, (c) closure of the Seguam 
foraging area and most of the Bogoslof area to all gear types, (d) a 
Vessel Monitoring System (VMS) requirement to facilitate enforcement of 
closed areas, (e) closure of the Chignik area to pot, trawl, and hook-
and-line gears, (f) closure within 10 or 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, (g) modifications to the CDQ 
groundfish program, (h) revisions to the Federal Fisheries Permit 
requirements, and (i) changes to the catcher vessels fishing trip 
definition.
    3. Aleutian Island subarea protection measures include the 
following: (a) Pollock directed fishing outside of critical habitat 
apportioned to two seasons (40:60 percent), (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 waters west of 178[deg] W long., (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 waters west of 
178[deg] W long., (e) grouping of vessels for Atka mackerel fishing in 
critical habitat in waters west of 178[deg] W long., (f) requirements 
for two observers for critical habitat Atka mackerel directed fishing, 
(g) closures of at least 03 nm around all haulouts for Atka mackerel 
and Pacific cod trawl fishing, and (h) no Atka mackerel critical 
habitat directed fishing with trawl gear east of 178[deg] W long.

[[Page 56696]]

    4. Bering Sea protection measures include the following: (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) 
establishment of the Bering Sea Pollock Restriction Area (BSPRA) during 
the A season, (c) closure of the Catcher Vessel Operation Area (CVOA) 
to non-CDQ pollock trawl catcher/processors during the B season, (d) 
Pacific cod TAC apportionments by season and gear, as well as gear 
specific area restrictions, and (e) closure of all Bering Sea subarea 
critical habitat within 20 nm of rookeries and haulouts to Atka 
mackerel trawl fishing.
    5. Gulf of Alaska protection measures include the following: (a) 
distribution of pollock harvest evenly among 4 seasons, (b) closure of 
directed fishing for pollock in areas that vary from 020 nm to 03 nm 
around rookeries and haulouts, (c) two seasons (60:40 percent 
apportionment) 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 Controls, Seasons, 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 HCR used for 
groundfish other than pollock, Pacific cod, and Atka mackerel, 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 that reduced directed fishing for pollock, 
Pacific cod, and Atka mackerel in a more aggressive linear fashion than 
the HCR used for other groundfish species and included a directed 
fishing prohibition at the 20 percent unfished biomass level. The HCR 
in this proposed rule (2002 HCR) would also prohibit directed fishing 
when the spawning biomass is below 20 percent of the unfished level but 
would reduce fishing mortality at the same biomass level and rate as 
the HCR used for other groundfish species until B20% is reached.
    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.

[[Page 56697]]

[GRAPHIC] [TIFF OMITTED] TP04SE02.003

    In a model, NMFS analyzed the difference in recovery rates up to 
the MSY under the 2001 and 2002 HCRs and found very little difference 
(34 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.
    For 2002, the new HCR did not affect the harvest rates for any 
species. Of the managed stocks under this proposed rule, the GOA 
pollock biomass is estimated to be closest to the B20% level, with a 
biomass level estimate of 26 percent of the projected unfished biomass 
level. 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 ABC using the 2002 HCR. Had the 
current model and the known biomass amounts been used in 2001, 
overfishing would have occurred if the total TAC had been taken in 
areas 620, 630, and Southeast District of the GOA. Instead, 78 percent 
of the GOA pollock TAC was harvested. This action by the Plan Team is 
reasonable from a Steller sea lion and stock assessment perspective. 
See the SAFE reports for the GOA and BSAI and Part II of the preamble 
to the emergency interim rule (67 FR 956, January 8, 2002) for more 
details. The SAFE reports are available from the Council website at 
http://www.fakr.noaa.gov/npfmc/default.htm.

Steller Sea Lion Protection Area Definition, Fishing Trip Definition 
and Maximum Retainable Amount (MRA) Calculation Modifications, and 
Retention Prohibitions

    The proposed rule would remove the definition of Steller sea lion 
protection areas. This definition was used previously to describe 
management measures implemented by emergency rule in 2000 and 2001. 
This proposed rule would change the management measures for protecting 
Steller sea lions such that the Steller sea lion protection area 
definition is no longer needed.
    This proposed rule modifies the definition of fishing trip for 
catcher vessels. The definition is divided between catcher/processor 
and mothership fishing trips and catcher vessel fishing trips. The 
conditions defining a fishing trip for catcher/processors and 
motherships remain unchanged. The catcher vessel fishing trip 
definition is limited to the offload or transfer of all fish or fish 
product from the vessel. This change will facilitate the determination 
of the time when a fishing trip begins and ends for catcher vessels and 
of the circumstances to which a maximum retainable amount (MRA) of 
incidental catch species applies.
    The calculation of the MRA under Sec.  679.20(e) would be revised 
so that vessels that enter open and closed fishing areas during a trip 
will be required to comply with the lowest MRA applicable at any time 
during the fishing trip.

Modifications to CDQ Program

    This proposed rule would remove the specific directed fishing 
calculation and determination for both groundfish and pollock CDQ. 
These changes are necessary to ensure that the Steller sea lion 
protection measures are applicable to groundfish CDQ harvesting 
activities. Such protection measures are typically predicated on 
whether a vessel is

[[Page 56698]]

considered to be engaged in directed fishing for a given species such 
as pollock, Pacific cod, or Atka mackerel.
    In the non-CDQ fisheries, a vessel is engaged in directed fishing 
for a species of groundfish if it retains on board an amount of a given 
species in excess of the MRA for that species. When the TAC for a 
species is approached, NMFS closes directed fishing for that species. 
Traditionally, NMFS has not needed to determine whether or not a vessel 
participating in a CDQ fishery is engaged in directed fishing because 
directed fishing closures have not applied to the CDQ program. Directed 
fishing in the groundfish and pollock CDQ fisheries is currently 
determined based on the species composition of the total groundfish or 
pollock catch while harvesting CDQ species. This determination is made 
on a haul-specific basis for catcher/processors and on the species 
composition of catch on board for catcher vessels.
    Typically, NMFS uses directed fishing determinations to calculate 
halibut bycatch mortality and pollock catch, rather than for at-sea 
enforcement of other management measures. Determining whether a vessel 
is pollock fishing facilitates the proper accounting of pollock caught 
in the groundfish CDQ fisheries toward either the pollock CDQ reserve 
or the pollock Incidental Catch Allowance. Using current CDQ directed 
fishing determinations could conflict with the calculated target 
fishery derived by using MRA calculations.
    Removing the specific directed fishing determinations for the CDQ 
fisheries is necessary to establish a means to readily enforce time and 
area closures to directed fishing for pollock, Pacific cod, and Atka 
mackerel. The directed fishery determination currently used in the non-
CDQ fishery will now apply to participants in the CDQ groundfish 
fisheries. 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, MRAs will be used 
to define directed fishing for all groundfish CDQ species. Information 
obtained from observer data and CDQ catch reports will assist NMFS 
management in determining when catch limits have been reached, when 
area closures should occur, and how to account for pollock caught in 
the groundfish CDQ fisheries.

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 apportionment of TAC by seasons will distribute 
these fisheries over time. Critical habitat harvest limits for pollock 
and Atka mackerel contained in this proposed rule are consistent with 
the Council's recommendations. Critical habitat limits will distribute 
the Atka mackerel and pollock fisheries over a range of areas, reducing 
the potential for localized depletion of prey.
    In order to manage fishing to protect Steller sea lions, this 
proposed rule includes changes to the permit information collected 
under Sec.  679.4. Vessel owners using pot, hook-and-line, or trawl 
gear will need to register with NMFS to participate in the directed 
fisheries for pollock, Pacific cod, or Atka mackerel. These directed 
fisheries will appear as endorsements on the vessel's Federal Fishery 
Permit (FFP). Section 679.7(a)(1) would also be revised to prohibit 
directed fishing for Pacific cod, pollock, or Atka mackerel without an 
endorsed FFP, as described above. Vessel owners wishing to fish for 
Atka mackerel in critical habitat will also need to indicate whether 
they will fish in Federal regulatory areas 542, 543, or both. The Atka 
mackerel registration information will be used for group management 
that is explained later in this preamble.
    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 outside the 
critical habitat is apportioned between the A season (January 20June 
10, 40 percent) and the B season (June 10November 1, 60 percent).
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 20June 10, 40 
percent) and the B season (June 10November 1, 60 percent).
    Pollock fishing will be prohibited during the A season in the 
BSPRA. This area is delineated by 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 proposed rule will remove 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) are 
contained in this proposed rule. Vessels fishing in one season in the 
GOA or in the BSAI are prohibited from fishing in the alternative 
management area until the following season. This prohibition 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 prohibition.
    This proposed rule also includes the use of the SCA established by 
the emergency rule published January 25, 2000 (65 FR 3892). The SCA 
includes the portion of Bering Sea critical habitat known as the 
Bogoslof Foraging area and the portion of the Catcher Vessel 
Operational Area (CVOA) that extends eastward from the Bogoslof 
Foraging area. This eastern portion of the CVOA overlaps with the 
pollock trawl exclusion zone for Sea Lion Rocks (Amak Island). 
Inclusion of this eastern portion of the CVOA in the SCA is necessary 
to provide sufficient protection from concentrated fishing and the 
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 proposed rule specifies the amount of the annual pollock 
directed fishing allowance (PDFA) that can be taken from the SCA during 
portions of

[[Page 56699]]

the A season. The PDFA is equal to the sum of each sector's total 
allowable catch (TAC) minus the incidental catch allowance (ICA) and 10 
percent CDQ reserve. Until April 1, the harvest within the SCA is 
limited to 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 the 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 that 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. 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 
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 10November 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 Western 
and Central Regulatory Areas 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
----------------------------------------------------------------------------------------------------------------
                           Season                                 TAC Apportionment           Season Dates
----------------------------------------------------------------------------------------------------------------
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.
    Section 679.7(b) would be revised to clarify existing prohibitions 
and to continue other prohibitions implemented by emergency rule and 
specific to the GOA. The proposed rule would continue to prohibit the 
use of trawl gear in the GOA east of 140[deg] W long. and would revise 
the existing language to clarify this prohibition. 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 included in this proposed 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 unprocessed 
pollock harvested in the GOA at 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 directed 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 would continue 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.
    As implemented by emergency interim rule (66 FR 7276, January 22, 
2001), catcher vessels or catcher processors in the GOA and BSAI would 
also be prohibited from acting as a tender until all fish harvested or 
processed is unloaded. This proposed rule would also prohibit these 
vessels from harvesting fish at the same time the vessels are used as 
tenders. These prohibitions would allow for better management of the 
fisheries by limiting the source of the fish which a vessel may offload 
and would facilitate accurate recordkeeping.
4. BSAI Atka Mackerel Seasons, Apportionments, Critical Habitat Harvest 
Limits, and Directed Fishery Groups
    In the BSAI, the A season for the Atka mackerel trawl fishery 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 because the CDQ harvest historically takes place 
when the non-CDQ season is closed.
    To clearly identify the Steller sea lion protection areas for Atka 
mackerel directed fishing in areas 542 and 543, this proposed rule 
includes a new definition at Sec.  679.2. For purposes of establishing 
groups for Atka mackerel directed fishing in critical habitat and for 
restriction of Pacific cod trawling during the Atka mackerel critical 
habitat directed fishery, the definition of the harvest limit area 
(HLA) is waters west of 178[deg] W long. within 20 nm seaward of 
Steller sea lion sites listed on Table 6 of 50 CFR part 679 and west of 
177[deg]57.00 W long. This definition is needed to include Rat Island 
and Cape Ivakin haulouts because these are not

[[Page 56700]]

listed under 50 CFR 226.202 as critical habitat but are identified by 
NMFS as needing protection. This definition also includes that portion 
of the 20 nm arc of critical habitat related to Tanaga Island/Bumpy 
Point that occurs west of 178[deg] W long.
    Fifty percent of the annual TACs for the western (area 543), 
central (area 542), and eastern (area 541) Aleutian Islands districts 
is available during each season. No more than 60 percent of the 
seasonal TAC may be taken from within the HLA in statistical areas 542 
and 543 in the AI subarea. This is an increase from the 46 to 48 
percent critical habitat limit effective in 2001. The 2002 limit is 
based on the assumed distribution of Atka mackerel based on the 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 the critical habitat in deeper waters in areas 542 
and 543. 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 vessel groupings 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 allowed 
in the HLA also needs to be enough to encourage participation in the 
directed fishery groups 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 vessels fishing in area 542 will 
likely reach their HLA limit quicker than vessels fishing in area 543. 
Thus, vessels fishing in area 542 could have an earlier opportunity to 
fish outside the critical habitat and encounter rockfish bycatch in 
amounts sufficient to pose overfishing concerns so as to close the Atka 
mackerel fishery without the area 543 HLA limit 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 reduce the amount of daily catch in the HLA by about half and to 
disperse the fishery over two areas, the Atka mackerel trawl fleet is 
divided into two groups assigned to fish in the HLA in either area 542 
or 543. To facilitate the group assignments before the season start 
date, NMFS must have information approximately 2 to 4 weeks before the 
opening date of the season. To participate in the HLA A season fishery, 
NMFS must receive registration information by 4:30 p.m. of the first 
working day following January 1. Vessels registered for the A season 
would be assigned to a B season fishery unless the registration for the 
HLA fishery is removed. Vessels that did not participate in the A 
season fishery may participate in the B season fishery if registration 
information is received by 4:30 p.m. of the first working day following 
July 31. NMFS would assign vessels to a directed fishery group for each 
area in which a vessel is registered to fish. Each group in an area 
would be assigned to fish during one of the two directed fisheries held 
in the area during a season. The assignment to groups would be 
accomplished through a lottery system that ensures random selection of 
vessels to a group. The random selection process would ensure that each 
participant in a group is provided an equal opportunity to fish in a 
group of vessels in the HLA in area 542 or 543, and would ensure 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 
groups, all vessels would 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 would be reduced with the random group assignments, and the 
catch would over time be dispersed.
    During a fishing season, the fishing limit inside the HLA would be 
split into two Atka mackerel directed fisheries with each group fishing 
under a harvest limit in proportion to the number of vessels in the 
group compared with 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 group. 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. 
Vessels then 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 for travel 
to areas 542 and 543. When the HLA directed fishery is closed in either 
area 542 or 543, vessels may fish outside 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 would 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 group, an HLA directed fishery would last 
no longer than 14 days to allow each group ample opportunity to harvest 
in the HLA in area 542 or 543 before the end of the season.
    During each season, vessels registered to fish in the HLA in area 
542 or 543 would not be allowed to fish for groundfish in any other 
location while the first directed fishery in an HLA to 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.
    All trawl vessels fishing for Atka mackerel in the HLA would be 
required to carry two observers so that NMFS can meet the requirements 
of the 2001 BiOp to adequately monitor fisheries to manage critical 
habitat limits. (The Groundfish Observer Program is due to expire 
December 31, 2002. At the present time, NMFS is in the process of 
extending this program through 2007.) Vessels not participating in the 
groups may fish for Atka mackerel outside the HLA and outside the 
critical habitat in the BSAI subareas. To provide maximum protection to 
Steller sea lions, Atka mackerel trawl fishing is prohibited in the 
Seguam foraging area and in critical habitat around rookeries and 
haulouts east of 178[deg] W long. since Atka mackerel is readily 
available in waters outside critical habitat.
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 proposed rule would separate the TACs into separate 
seasonal apportionments depending on gear type (Table 2). Section 
679.20(a)(7)(iii)(B), which describes decision criteria for

[[Page 56701]]

seasonal allocations for hook-and-line and pot gear, no longer reflects 
the seasonal allocation specified in the Steller sea lion protection 
measures. This paragraph would be removed by this proposed rule.
    For the nontrawl vessels in the BSAI and Western and Central 
Districts of the GOA, the A season begins on January 1 and ends June 
10. Sixty percent of the annual TAC, after subtraction of any reserves 
and incidental catch, would be available for harvest during the A 
season and would be allocated among the various sectors as provided in 
Sec.  679.20(a)(6)(iii) and (a)(7). The B season for vessels equal to 
or greater than 60 ft (18.3 m) LOA using hook-and-line gear and for 
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 for 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. 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). CDQ vessels using pot gear and vessels 
less than 60 ft (18.3 m) LOA using pot and hook-and-line gear 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. 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.

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 20June 10 (60%)  September 1November 1    .......................
                                                                 (40%).
Trawl in BSAI                          January 20--April 1      April 1June 10 (20%)...  June 10November 1 (20%)
                                        (60%),.
hook-and-line, pot, and jig in W/C     January 1June 10 (60%).  September 1December 31   .......................
 GOA, and pot [gteqt] 60 ft. LOA in                              (40%).
 BSAI
hook-and-line [gteqt] 60 ft. and jig   January 1June 10 (60%).  June 10December 31       .......................
 in BSAI                                                         (40%).
CDQ* pot, pot and hook-and-line < 60                              January 1December 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 limits the amount of Pacific cod that can be 
harvested during the critical January through April time period. In 
comparison with the 2001 apportionments, the BSAI Pacific cod trawl TAC 
is apportioned among three seasons shifting 20 percent of the harvest 
out of the June through October time period. 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 
result 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 disperses over time not 
only pollock but also Pacific cod harvests in the BSAI. Rollovers 
between these sectors would continue to be allowed under Sec.  
679.20(a)(7)(ii). Regulatory provisions are included in this proposed 
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 would further disperse the Pacific cod fishery 
over time and lessen the potential for depletion of prey.
    In the GOA, catch of Pacific cod in other directed groundfish 
fisheries during the time period between the closure of the Pacific cod 
A season and the opening of the Pacific cod B season would be deducted 
from the Pacific cod 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 
incidental and bycatch needs in other groundfish fisheries.
    Under this proposed rule, Pacific cod harvest by trawl gear in the 
HLA would be 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 would allow for 
easier management by NMFS of the Atka mackerel fishery during the short 
time period that the HLA is open to directed fishing for Atka mackerel

[[Page 56702]]

vessels. Vessels fishing in the HLA during the Atka mackerel directed 
fishing opening will be managed for Atka mackerel only, instead of 
being managed for Atka mackerel and for Pacific cod.
    Section 679.20(a)(7)(C) specifies the allocation of Pacific cod TAC 
to vessels using hook-and-line or pot gear. Emergency interim 
regulations (66 FR 7276, January 22, 2001) further allocated the TAC 
between pot and hook-and-line vessels over or under 60 ft (18.3 m) LOA. 
The harvest of Pacific cod by hook-and-line or pot vessels less than 60 
ft (198.3 m) LOA accrues against the allocation for vessels greater 
than 60 ft (18.3 m) LOA when the fishery for the vessels over 60 ft 
(18.3 m) LOA is open. Otherwise the harvest is counted toward the 
allocation to vessels less than 60 ft (18.3 m) LOA. This proposed rule 
would continue this allocation and method of management for Pacific cod 
hook-and-line and pot vessels in the BSAI.

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 are 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, 19 additional haulouts in the BSAI and the GOA have been 
identified as areas needing additional protection. The Council 
recommended that Steller sea lion protection measures should be 
implemented around the 19 additional haulouts to protect Steller sea 
lions in these important areas. The majority of these sites had fishing 
prohibitions consistent with those for critical habitat closure sites 
in 2001. More information and justification for including these 
haulouts are contained in the 2001 BiOp (see ADDRESSES).
    In November 2001, the BOF authorized Steller sea lion protection 
measures in State waters for the State 2002 parallel fishery similar to 
Federal protection measures, with two exceptions described below. The 
State parallel groundfish fisheries are defined in the Alaska 
Administrative Code at 5 AAC 28.087(c) as Pacific cod, walleye pollock, 
and Atka mackerel fisheries in State waters managed by ADF&G to 
correspond with the times, area, and the gear regulations implemented 
by NMFS for adjacent Federal waters. NMFS deducts harvest amounts which 
occur during the State parallel fisheries from the Federal TACs. State-
managed fisheries function exclusively under state regulations and 
management policies. The exception is the State-managed Pacific cod 
fisheries in the Central, Western, and Prince William Sound State 
waters of the GOA. In these State fisheries, the State establishes 
Pacific cod harvest levels that are equal to 25 percent of the 
federally established ABC specification. The Federal TACs for Pacific 
cod in the Western and Central Regulatory areas are reduced from the 
respective ABC by the amounts anticipated to be taken in the State-
managed Pacific cod fishery. Vessels participating in the State-managed 
Pacific cod fishery are exempt from the Pacific cod Steller sea lion 
no-fishing zones in the GOA.
    The State parallel groundfish fisheries management plan authorizes 
the Commissioner by emergency order to open and close seasons and 
implement gear, time, and area restrictions to parallel Federal 
regulations governing the Federal fisheries. The BOF authorized the 
Commissioner of the ADF&G to exempt pot fishing for Pacific cod within 
03 nm of Caton Island and Cape Barnabus from the parallel fishery 
closures detailed in Federal regulations. 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 or 
their critical habitat that were not considered in the 2001 BiOp.
    In February 2002, the Council requested that NMFS analyze effects 
of opening waters from 03 nm around Caton Island and Cape Barnabus to 
federally permitted vessels using pot gear in the Pacific cod directed 
fishery. If there is a determination that this action would not cause 
jeopardy or adverse modification of habitat for the western DPS of 
Steller sea lions or their critical habitat and if NMFS approves, 
subsequent rulemaking may follow to open these two haulouts to directed 
fishing for Pacific cod by federally permitted vessels using pot gear.
    Four haulout sites listed as critical habitat under 50 CFR 226.202 
occur in the State's waters within Prince William Sound. These sites 
are Pt. Elrington, The Needle, Perry Island, and Pt. Eleanor. Glacier 
Island also occurs in the State's waters within Prince William Sound 
and is one of the 19 haulouts not listed as critical habitat. No 
Federal fishery or State parallel fishery occurs in this area. However, 
the State has imposed pollock trawl closures from June 1 to November 1 
from 010 nm around Pt. Elrington, The Needle, and Glacier Island. The 
State also apportioned pollock harvest across three areas of Prince 
William Sound with no more than 40 percent of the total harvest coming 
from a single area. This proposed rule includes no additional 
protection measures for these sites inside State waters.
    The proposed protection measures make no changes to the existing 03 
nm no-entry zones around rookeries listed in 50 CFR 223.202. Although 
Table 12 to 50 CFR part 679 would implement groundfish fishing closures 
in sites protected by the no-entry zones, 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 12 to 50 CFR part 679. NMFS would 
reconcile any differences between the two sets of regulations in the 
future. However, until that occurs, persons are advised to refer to 50 
CFR 223.202 for the proper location of no-entry zones and to Table 12 
to 50 CFR part 679 for proper location of sites for fishery closures. 
Two additional rookeries are included in Table 12 for 03 nm groundfish 
fishing closures that are not on the list appearing in 50 CFR 223.202. 
These sites are Wooded Island and Seal Rocks (Cordova). The 03 nm 
groundfish fishing closures apply to all federally permitted groundfish 
fishing vessels and all gear types. The State emergency orders and 
regulations prohibit commercial fishing in waters within 03 nm of all 
of the rookeries listed on Table 12.
    The RPA Committee recommended closures around haulouts and 
rookeries considering the rate of decline for the entire western DPS of 
Steller sea lions 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 
because of their slow rate of extraction and of the small number of 
vessels that prosecute these fisheries. Site-specific closures are 
detailed in Tables 4, 5, 6, and 12 of 50 CFR part 679 and in Sec.  
679.22 of this proposed rule. Closures would apply to federally 
permitted vessels. A summary of area and fishery specific closures is 
as follows:

[[Page 56703]]

Groundfish Fishery Closures

    1. Directed groundfish fishing by vessels using any gear type would 
be prohibited within 03 nm of all rookeries listed in Table 12 to part 
679.
    2. Directed fishing for pollock, Pacific cod, and Atka mackerel by 
vessels using trawl, pot, or hook-and-line gear(s) would be prohibited 
020 nm around five haulout areas in the Northern Bering Sea. 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 
fisheries developing in this area.
    3. Directed fishing for pollock, Pacific cod, and Atka mackerel by 
all vessels using any gear type would be prohibited in the Seguam 
foraging area, and the Bogoslof area, except catcher vessels less than 
60 ft (18.3 m) LOA directed fishing 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 directed 
fishing for the three species.

Aleutian Island Closures

    1. Directed fishing for pollock inside critical habitat in the 
Aleutian Islands subarea would be prohibited. Pollock fishing was 
prohibited in the Aleutian Islands subarea in 1999 through 2002 as part 
of Steller sea lion protection measures. In October 2001, the Council 
recommended opening the Aleutian Islands subarea in 2003 to directed 
fishing for pollock, outside the critical habitat with two seasonal 
apportionments (40:60 percent). Because this fishery would occur 
outside the critical habitat, it is not likely to have a significant, 
adverse effect on Steller sea lions or their critical habitat. In 
February 2002, the Council recommended additional analysis of directed 
fishing for pollock in the Aleutian Islands, including closing directed 
fishing for pollock in the Aleutian Islands subarea and having a single 
season for directed fishing for pollock outside of critical habitat.
    2. Atka mackerel directed fishing by vessels using trawl gear would 
be prohibited in critical habitat east of 178[deg] W long. in the 
Aleutian Islands and within 20 nm of rookeries and haulouts of the 
Bering Sea subareas. Waters 20 nm seaward of Gramp Rock and located 
east of 178[deg] W long. are included in the critical habitat areas 
closed to Atka mackerel directed fishing by vessels using trawl gear. 
Historically, Atka mackerel has been harvested outside the critical 
habitat east of 178[deg] W long. Consequently, the fishery is expected 
to be able to harvest the allocation while providing substantial 
protection to Steller sea lions. West of 178[deg] W long., Atka 
mackerel directed fishing by trawl gear would be prohibited 015 nm of 
Buldir rookery and 010 nm of the remaining rookeries. Due to a 
continued steep decline in the population at Buldir of greater than 10 
percent, an additional 5 nm protection zone was added. Additionally, 
Buldir is isolated from other nearshore foraging locations making it 
more susceptible to local depletions. On this haulout, Steller sea 
lions have less opportunity to move to other foraging areas to escape 
the possible localized depletion. Atka mackerel directed fishing by 
trawl gear would also be prohibited 03 nm of haulouts west of 178[deg] 
W long. to protect nearshore foraging areas.
    3. Pacific cod fishing closure areas would be dependent on the gear 
used and location. Hook-and-line and pot vessels would be prohibited 
from directed fishing for Pacific cod (a) in critical habitat east of 
173[deg] W long. to the western boundary of the Bogoslof area to reduce 
gear conflicts with trawl vessels, (b) 010 nm of Buldir rookery, and 
(c) 020 nm of Agligadak rookery. Increased protection around Agligadak 
is proposed because Steller sea lions at this site are suffering a high 
rate of count declines. Due to limited harvest rates by hook-and-line 
and pot vessels, closures are limited to waters 03 nm around rookeries.
    Pacific cod trawl directed fishery closures in the Aleutian Islands 
include (a) waters east of 178[deg] W long. 010 nm of rookeries and 03 
nm of haulouts, except that waters around Agligadak rookery would be 
closed 020 nm, and (b) waters west of 178[deg] W long., 020 nm around 
haulouts and rookeries until the Atka mackerel HLA fishery is 
completed. After the Atka mackerel HLA fishery is closed, Pacific cod 
trawling would be prohibited 03 nm of haulouts and 010 nm of rookeries. 
Trawl closures are more extensive around haulouts and rookeries due to 
higher removal rates and large harvest by trawl gear. Increased 
protection around Agligadak rookery is proposed because this site 
exhibits a high rate of Steller sea lion decline.

Bering Sea Closures

    1. Atka mackerel directed fishing by trawl gear would be prohibited 
in critical habitat around haulouts and rookeries in the Bering Sea 
subarea, providing protection to Steller sea lions and critical habitat 
by reducing the potential for competition for Atka mackerel prey.
    2. Pollock directed fishing would be prohibited (a) 010 nm of all 
rookeries and haulouts, except that four Pribilof haulouts would be 
closed 03 nm, (b) in the BSPRA during the A season, and (c) by non-CDQ 
trawl catcher/processors in the CVOA during the B season (June 
10November 1) to reduce the rate and amount of harvest in critical 
habitat. NMFS has not undertaken Steller sea lion aerial surveys of the 
northern haulouts in the Bering Sea. Anecdotal evidence from NMFS' 
scientists, subsistence users, and others indicates that these areas 
are used infrequently, mostly during the summer as males pass through 
the area. Therefore, the Council considered these infrequently used 
haulouts to be of less importance for protection to 10 nm. The Pribilof 
Islands Conservation Zone described at Sec.  679.22(a)(6) is a trawl 
closure area that encompasses some of the Steller sea lion critical 
habitat areas. Five haulouts and one rookery are located in the BSPRA. 
This area is closed to pollock fishing in the A season to provide 
protection to Steller sea lions in the nearshore foraging areas during 
the most critical time of the year.
    3. Pacific cod closures depend on the type of gear used. Directed 
fishing for Pacific cod with vessels using trawl gear would be 
prohibited 010 nm around all rookeries and haulouts, except that waters 
around the four Pribilof haulouts would be closed 03 nm. All hook-and-
line and pot gear vessels would be prohibited from directed fishing for 
Pacific cod 03 nm of rookeries and haulouts, except that waters around 
the Amak rookery would be closed to hook-and-line and pot gear 07 nm. 
Additional protection was implemented for the Amak rookery out to 7 nm 
for the hook-and-line and pot gear Pacific cod fisheries. The Council 
recommended this additional closure area to protect this rookery, which 
has had an increasing population rate over the last ten years. Vessels 
over 60 ft (18.3 m) LOA using hook-and-line gear are prohibited from 
fishing within 10 nm of Bishop Pt. and Reef/Lava haulouts.
    These closures are necessary to protect Steller sea lion prey 
availability around important rookeries and haulouts in the Bering Sea. 
The differential closure scheme by gear type reflects the best 
available data indicating that pot and hook-and-line gear are less 
likely to cause localized depletions of Pacific cod than is trawl gear. 
Although direct empirical evidence for this conclusion is lacking, 
catch information indicates that these

[[Page 56704]]

fisheries are generally dispersed, may actually attract prey, and are 
relatively slow compared with the trawl fisheries.
    A small exemption area was proposed 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 waters of the Bering Sea south of a line connecting a 
point 3 nm north of Bishop Pt. to Cape Tanak. The 010 nm closure of 
Bishop Pt. 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 harvesting opportunities because there is no 
Pacific cod State-managed fishery in the Dutch Harbor area and because 
some vessels are constrained by their License Limitation permit from 
fishing in Gulf of Alaska waters.
    Vessels greater than or equal to 60 ft. (18.3 m) LOA using hook-
and-line gear would be prohibited from directed fishing for Pacific cod 
010 nm around Bishop Pt. and Reef/Lava haulouts. 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 would be prohibited in the Gulf 
of Alaska subarea. Biomass has been insufficient to support a directed 
fishery for the past several years.
    2. Pollock and Pacific cod directed fishing with trawl gear would 
be prohibited 010 nm or 020 nm around most haulouts and rookeries year 
round. Exceptions are as follows: (a) waters around Marmot Island 
rookery are closed 015 nm during the first half of the year and 020 nm 
during the second half of the year, (b) waters around Gull Point and 
Ugak Island are closed 03 nm in the second half of the year, (c) waters 
around Cape Barnabus, Cape Ikolik, Mitrofania, Spitz, Whaleback, Sea 
Lion Rocks, Mountain Point, Castle Rock, and Caton haulouts are closed 
03 nm, and (d) waters around Pinnacle Rocks rookery are closed 03 nm.
    The 015 nm closure around Marmot Island in the first half of the 
year would allow the pollock fishing fleet access to pollock that are 
likely to have roe and are more valuable. 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 harvest 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 vessels using hook-and-
line or pot gear would be prohibited: (a) 010 nm or 020 nm of all 
rookeries, except that Seal Rocks, Wooded Island, Atkins, Chernabura, 
Clubbing Rocks, and Pinnacle Rock would be closed 03 nm, (b) 020 nm 
around Sutwik, Nagai Rocks, Lighthouse Rocks, and Kak haulouts, (c) 03 
nm around Cape Barnabus, Cape Ikolik, Mitrofania, Spitz, Whaleback, Sea 
Lion Rocks, Mountain Point, Castle Rock, and Caton haulouts, (d) 010 nm 
around haulouts between 170[deg] W long. and 164[deg] 30'00'' W long. 
for hook-and-line, and (e) 020 nm around haulouts between 170[deg] W 
long. and 164[deg] 30'00'' W long. for pot gear.
    Directed fishing for Pacific cod would be prohibited within 020 nm 
of sites in the area of Chignik 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. As required by 
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 in State waters with vessels using pot 
or jig gear under the State-managed fishery. With these gear type 
fisheries available under the State-managed fishery and jig fishing 
available under the Federal fishery, the closure of this area should 
not impose excessive economic hardship on the residents of the small 
communities who use these fishing grounds.

Vessel Monitoring Systems (VMS)

    To ensure vessel compliance with area restrictions, Sec.  679.7 
would prohibit a vessel from operating in the BSAI or GOA reporting 
area if the vessel has been issued an FFP with an endorsement to engage 
in directed fishing for Pacific cod, pollock, or Atka mackerel, unless 
it has an operable VMS at all times that the directed fisheries for 
which it is endorsed are open. The requirements for operating a VMS are 
specified in Sec.  679.28(f). VMS monitoring 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 by vessels endorsed for Pacific cod, pollock, or Atka mackerel 
fishing inside closed areas. The prohibition applies to operation of a 
vessel because a number of commercial fishing vessels may be endorsed 
to harvest Pacific cod and because the vessels may also harvest IFQ 
halibut, crab, or salmon. Operation also includes fishing related 
activities in port, such as offloading of fish. Section 679.7(c)(3) 
would be removed with this action because paragraph (a)(18) of this 
section would be added to consolidate the requirements for VMS.
    The Atka mackerel fishing fleet is currently equipped with VMS, as 
required by Sec.  679.7(c)(3). Jig vessels are exempt from VMS 
requirements because they generally are not prohibited except within 3 
nm of rookeries (no-fishing zones on Table 12 to 50 CFR part 679) and 
in the Seguam foraging and Bogoslof areas due to their low and slow 
method of harvest. The prohibition is also specific to the BSAI and GOA 
reporting areas so that State of Alaska waters are included in this 
prohibition for vessels with a FFP. A vessel endorsed for the Pacific 
cod, Atka mackerel, or pollock directed fishery and fishing in State of 
Alaska waters would be required to operate VMS when one or more of 
these fisheries are open so that NMFS can track compliance with the 
closures around haulouts and rookeries, which include State of Alaska 
waters.
    For vessels that are initially entering a fishery that requires 
VMS, the vessel owner would 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. A vessel may not operate in a BSAI or GOA 
reporting area until the transmission is confirmed. Section 
679.28(f)(3) would also be revised to clarify that a vessel is required 
to stop fishing when informed only by an authorized officer rather than 
by NMFS' staff that position reports are not being received. When a VMS 
unit is replaced on a vessel, the vessel owner would also be required 
to inform NMFS of the VMS transponder ID number and the vessel

[[Page 56705]]

on which the transponder would be used and to receive transmission 
confirmation before operating in the BSAI or GOA reporting areas. Under 
proposed Sec.  679.28(f)(6), a VMS must be operated when the vessel is 
operating in the BSAI or GOA reporting area and when the species and 
gear type of directed fishery requiring VMS that the vessel is endorsed 
for is open in either reporting area, regardless of the area of 
operation indicated on the FFP. For instance, if a vessel is endorsed 
for Pacific cod hook-and-line directed fishing and is permitted to 
operate only in the BSAI, it would be required to operate a VMS when 
the BSAI area Pacific cod hook-and-line fishery is closed but the GOA 
Pacific cod hook-and-line fishery is open. This is necessary because of 
the ease of movement of vessels between the BSAI and GOA management 
areas in some portions of the management areas and the need to monitor 
fishing activities in Steller sea lion closure areas.

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 EA/RIR/IRFA 
for the regulatory amendment to permit an investigation of the effect 
of commercial fishing on Walleye pollock distribution and abundance in 
localized areas off the east side of Kodiak Island. For copies of these 
documents, please contact NMFS (see ADDRESSES). This experiment was 
implemented by emergency interim rules in 2001 (66 FR 37167, July 17, 
2001) and in 2002 (67 FR 956, January 8, 2002). This proposed rule 
would implement regulations necessary to continue this experiment, 
including trawl closures necessary to conduct the experiment. The 
seasonal closure would be implemented through 2004.

Response to Comments

    NMFS received eight letters of comment in response to the January 
8, 2002, emergency interim rule (67 FR 956) that implemented the 
Steller sea lion protection measures and the 2002 harvest 
specifications.
    In one letter, the comments were limited to the VMS regulations and 
the use of electronic logbooks. The writer appeared to conclude that 
the emergency interim rule was a ``draft'' regulation and recommended a 
number of changes to the ``draft'' regulation. Although NMFS is unable 
to consider making changes to the emergency interim rule, as 
recommended, below are the comments and responses that can be addressed 
in this proposed rulemaking.
    Comment 1. The regulations for VMS need to be modified so more than 
one company may provide the required product. The draft regulations 
limit competition, are unnecessarily costly to consumers, and retard 
the development of new products that would result in cheaper and more 
efficient alternatives to the consumer.
    Response. National standards for VMS were developed through a rule-
making process and published in the Federal Register on March 31, 1994 
(59 FR 15180). The regulations for VMS do not restrict competition or 
limit the number of providers of VMS. However, to date only one 
supplier has submitted a VMS for approval that meets the national VMS 
standards and operational requirements in the waters off Alaska. NMFS 
disagrees that the VMS standards should be modified solely to provide 
opportunities for more suppliers to meet a reduced standard.
    Comment 2. Current regulations regarding VMS certification were 
developed several years ago and were based on the level of technology 
available at the time. The black box is no longer necessary to ensure a 
tamper-proof system.
    Response. The standards for approval of VMS include specific 
functions that VMS must perform, but do not require a ``tamper-proof 
black box''.
    Comment 3. The company currently approved to provide VMS has an 
exclusive agreement with NOAA for satellite usage at a rate of $5 per 
day. Other companies pay approximately $70 per day for the same access, 
making communication costs greater and more difficult for these 
companies to attract customers.
    Response. NMFS is unable to confirm the estimated $70/day cost for 
other companies. Five dollars per day is a typical cost for VMS 
transmission from fishing vessels. The supplier of VMS units currently 
approved by NMFS has an agreement for air time with Service Argos, 
which uses the NOAA satellite for maintaining its equipment in orbit. 
NOAA has no agreements with any VMS companies for the use of NOAA 
satellite equipment and has no involvement in setting the daily 
transmission costs for VMS equipment.
    Comment 4. The economic impact of VMS is substantially different 
for small vessels compared to larger AFA qualified vessels. This must 
be addressed under the Regulatory Flexibility Act (RFA).
    Response. Because the January 8, 2002, emergency interim rule did 
not require prior notice and opportunity for comment, the requirements 
of the RFA did not apply. An economic analysis of the emergency rule 
was provided in the regulatory impact review (RIR) included in the SEIS 
for the Steller sea lion protection measures. This RIR discussed the 
costs associated with the VMS system. An IRFA was prepared for this 
proposed rule as required by the RFA. The IRFA includes an analysis of 
the impact of the VMS requirement on small vessels. NMFS agrees that 
the VMS requirement is likely to impose proportionately larger expenses 
on small entities. However, NMFS also notes that the Pacific States 
Marine Fisheries Commission has received a grant to make over $1.5 
million available as reimbursements to vessel owners who are required 
to purchase VMS units by these protection measures. Eligible 
participants will be able to receive reimbursements for up to $2,000 of 
the purchase price of the VMS unit. These reimbursements should begin 
in early June 2002. These reimbursements will significantly offset any 
alleged lack of proportionality.
    Comment 5. Draft regulations should be modified now for consistency 
and efficiency of rulemaking. Draft regulations should be modified now 
to allow the use of other VMSs either as primary or back up systems.
    Response. To be approved by NMFS, a VMS must meet the published VMS 
standards, which are not part of the Steller sea lion protection 
measures rulemaking. Standards should be revised if a change occurs in 
technology or criteria to ensure equipment will operate as required. 
Finally, the rules implementing Steller sea lion protection measures 
are not the appropriate mechanism for changes in the National VMS 
standards.
    In another letter, the comments addressed the excessive share cap 
and rollover provisions in the harvest specifications and VMS 
requirement.
    Comment 1. In Table 5 to the preamble of the emergency interim 
rule, Allocations of the Pollock TAC and Directed Fishing Allowances 
(DFA) to the Inshore, Catcher/Processor, Mothership, and CDQ 
Components, the excessive share cap (ESC) amounts and footnote 7 are 
misleading. The calculation for the ESC should include the rollover 
from the incidental catch allowance which can increase the ESC 
substantially from the value in the table.

[[Page 56706]]

 Footnote 7 should include a statement regarding the increase of the 
ESC by 17.5 percent of each rollover.
    Response. NMFS agrees that the ESC is adjusted during the year to 
include any rollover from the incidental catch allowance. The values in 
the table represent the allocations at the beginning of the year and 
cannot include rollover amounts that cannot be predicted. NMFS will 
update the allocations shown in Table 5 as rollovers and adjusted 
allocations under paragraph 210(e)(1) of the AFA are announced in the 
Federal Register.
    Comment 2. Section 679.7 should clarify what a vessel owner is 
required to do in the case of a non-operational VMS. The two NMFS 
observers required on AFA catcher/processors can be used to report the 
vessel location 24 hours a day. These vessels should be allowed to 
continue fishing if their VMS stops working until the vessel can reach 
port where the unit may be diagnosed, repaired and/or replaced. Non-AFA 
vessels should also be allowed to continue fishing if the VMS stops 
working until the vessel reaches port because lost fishing time could 
be quite costly.
    Response. Section 679.7 requires vessel owners that use VMS to 
comply with the requirements of Sec.  679.28. Section 679.28(f)(3) 
requires a vessel owner to stop fishing immediately if informed by an 
authorized officer that NMFS is not receiving position reports from the 
VMS transmitter. If a vessel is fishing and determines that its VMS is 
not working, NMFS enforcement should be notified immediately so that 
NMFS may assist in troubleshooting. On a case by case basis, NMFS 
enforcement will inform the vessel owner of the appropriate steps to 
take.
    AFA catcher/processor observers are usually employed by a 
contractor and trained by NMFS. Their job requirements are specific to 
the collection of data from hauls and position information is usually 
taken from vessel records after a haul survey is completed. They are 
unable to independently track the vessel's location on a 24hour basis 
and, therefore, are not an appropriate substitute for VMS.
    To avoid potential extended loss in fishing time, a vessel owner 
may consider installing a backup VMS to use in case of failure of the 
primary VMS. NMFS needs to be able to track the location of vessels 
registered to participate in the directed fisheries for Pacific cod, 
pollock, and Atka mackerel at all times that these fisheries are open.
    Four letters focused comments on small nontrawl gear vessel 
fisheries and VMS requirements. These comments are summarized below.
    Comment 1. The VMS requirements in the emergency interim rule are 
onerous and cannot be complied with by small vessels endorsed for the 
Pacific cod directed fishery and also participating in other 
groundfish, crab, salmon, and/or halibut IFQ fisheries. Estimated costs 
for purchase and installation of the VMS unit are $4,000. The VMS would 
have to be operated at all times that the fishery the vessel is 
endorsed for is open. This is not possible for vessels that cannot run 
a 110 volt AC power generator 24 hours a day, if no harbor facilities 
are available.
    Response. NMFS and the Council recognized that installation of a 
VMS unit on some small vessels may be difficult. Jig vessels are not 
required to have VMS because they have very few restrictions on fishing 
in Steller sea lion critical habitat. Small vessels using hook-and-line 
and pot gear take a significant portion of the Pacific cod harvest in 
the GOA. During 1999, in the GOA Pacific cod pot and hook-and-line 
directed fisheries, 70 to 98 percent of the Pacific cod was harvested 
by vessels less than 60 ft (18.3 m) LOA. Because of the significant 
amount of harvest by small vessels using hook-and-line and pot gear, 
NMFS needs to track the location of these vessels when the Pacific cod 
directed fishery is open to ensure Pacific cod is not being harvested 
from closed areas.
    To ensure directed fishing for Pacific cod, pollock, or Atka 
mackerel is not occurring in closed areas, VMS must be operated by all 
vessels endorsed for these fisheries as long as the vessels are in the 
BSAI or GOA reporting areas. The VMS information will allow NMFS to 
identify Pacific cod, pollock or Atka mackerel endorsed vessels fishing 
inside the closed areas, and these vessels may be checked at port to 
ensure the maximum retainable amounts of incidental catch have not been 
exceeded.
    NMFS agrees that the VMS installation costs for small vessels may 
be proportionally larger than the cost for larger vessels. A VMS is 
available in a 12 volt configuration which can be installed on most 
small vessels without additional voltage transformer equipment. The VMS 
cost is addressed in the IRFA for this proposed rule (see ADDRESSES). 
See also responses to comments 5 and 7 below.
    In addition, the Pacific States Marine Fisheries Commission has 
received grant funds to reimburse vessel owners required by these 
protection measures to buy a VMS unit for up to $2,000 of the purchase 
price of the unit. While these funds may not be used to cover 
installation or maintenance costs, they should offset a significant 
part of any financial burden the VMS requirement may impose on small 
entities. For more information, vessel owners should contact the 
Pacific States Marine Fisheries Commission, 612 W. Willoughby Avenue, 
Suite B, Juneau, AK 99801; or telephone (907) 5868244.
    Comment 2. Salmon fishing can occur in Steller sea lion closure 
areas. Will the U. S. Coast Guard fly over and check vessel gear or 
will NMFS issue ``tickets'' based on VMS data if a vessel is endorsed 
for Pacific cod directed fishing and is in a closure area, even though 
they are fishing for salmon?
    Response. See response to comment 1.
    Comment 3. Why is the halibut IFQ program included in the VMS 
requirements?
    Response. Only vessels endorsed for Pacific cod, Atka mackerel or 
pollock directed fishing are required to operate a VMS. Many GOA 
Pacific cod vessels are also used for IFQ halibut, crab and/or salmon 
fishing. A vessel will need to operate its VMS when the Pacific cod 
fishery is open even though it may be fishing for a species other than 
Pacific cod, if the vessel's FFP is endorsed for Pacific cod. If the 
vessel will not be used in the directed fishery for Pacific cod, the 
vessel owner may amend his or her FFP by removing the Pacific cod 
endorsement, eliminating the need to operate a VMS.
    Comment 4. Small vessels using nontrawl gear under 60 ft (18.3 m) 
LOA should be exempt from VMS requirements.
    Response. See response to comment 1.
    Comment 5. Vessels 60 to 50 ft (18.3 to 15.2 m) LOA should be 
allowed to turn off the VMS when they are not participating in the 
directed fishery for Pacific cod or pollock and are not carrying legal 
groundfish gear. Vessels under 60 ft (18.3 m) LOA could declare when 
they will participate in the groundfish fishery and turn on their VMS. 
When finished directed fishing, the vessel would report that fishing is 
completed and turn off the VMS.
    Response. The endorsement for Pacific cod, Atka mackerel or pollock 
authorizes a vessel to participate in these directed fisheries. If a 
vessel will not be used in these directed fisheries, the FFP may be 
amended to remove the endorsement, and VMS would not be a requirement 
for that vessel. NMFS must maintain the ability to track the activities 
of all endorsed vessels while the directed fisheries are open 
regardless of where they are in the BSAI and GOA reporting areas and 
regardless

[[Page 56707]]

of the type of fishing in which they are engaged. This requirement must 
be maintained to prevent illegal harvesting activities within Steller 
sea lion protection areas.
    Comment 6. The Council should consider postponing the 
implementation of the VMS program to allow industry time to discuss 
alternatives. The Council should focus the VMS requirement on those who 
would be likely to engage in directed fishing in a Steller sea lion 
closure area.
    Response. NMFS has determined that the protection measures selected 
afford adequate protection for Steller sea lions. An extensive public 
process, including preparation of the SEIS and consultation with the 
Council was followed in developing these protection measures. Many 
important fishing grounds are included in the Steller sea lion critical 
habitat. The protection measures, including VMS, were developed to 
afford vessels an opportunity for continued access to those grounds. 
Allowing that access, with addition of the VMS requirement, was 
preferred by the industry to closing the areas entirely. The VMS 
requirement is applied to all vessels subject to restrictions on 
directed fishing for pollock, Atka mackerel, and Pacific cod in order 
to meet the reasonable and prudent measures in the 2001 BiOp, in 
compliance with the ESA.
    Comment 7. A large amount of funding was made available for Steller 
sea lion research. Some of this money should be used for purchase and 
service of VMS units. NMFS should make it a priority to release funds 
for VMS purchase and maintenance for smaller vessels.
    Response. Funds appropriated for research cannot be used for other 
purposes. However, the Pacific States Marine Fisheries Commission has 
received grant funds to reimburse vessel owners required to buy a VMS 
unit by these protection measures for up to $2,000 of the purchase 
price of the unit. These funds should be available in early June 2002. 
While these funds cannot be used to cover installation or maintenance 
costs, they should still offset a significant part of the 
disproportionate burden on small entities.
    Vessel owners may choose to amend their FFPs to remove the Pacific 
cod, pollock, or Atka mackerel endorsement before June 10, 2002, 
obviating the VMS requirement for the vessel in 2002. More information 
about potential funding may be available later in 2002 to allow for 
planning for VMS installation in 2003, when an FFP may again be 
endorsed for the Pacific cod, pollock, or Atka mackerel directed 
fisheries.
    Another letter was received from several participants in the 
Pacific cod freezer hook-and-line fishery. Their comments focused on 
the impact of this fishery on Steller sea lions and the lack of 
information needed to make protection measure requirements specific to 
this sector of fishing vessels in the BSAI.
    Comment 1. NMFS' imposition of restrictions on the Pacific cod 
fishery activities in the BSAI to protect Steller sea lions is both 
arbitrary and capricious in the absence of a scientifically supportable 
nexus between the survival of Steller sea lions in these waters and the 
restrictions on Pacific cod fishing practices. These restrictions have 
resulted in unnecessary economic hardships to the freezer hook-and-line 
sector.
    Response. The ESA requires NMFS to ensure that any agency action is 
not likely to jeopardize continued existence of any endangered or 
threatened species or result in the destruction or adverse modification 
of critical habitat of such species. A significant portion of the diet 
of the endangered western DPS of Steller sea lions is Pacific cod. 
Pacific cod fishing occurs in Steller sea lion critical habitat, 
leading to the potential for competitive interaction between the 
Pacific cod fisheries and Steller sea lions. While the extent of the 
competition between Steller sea lions and the freezer hook-and-line 
Pacific cod fishery is not fully understood, NMFS is required by the 
ESA to take steps to ensure Steller sea lions are protected from 
authorized groundfish fisheries that are likely to jeopardize the 
Steller sea lion or result in the destruction or adverse modification 
of its critical habitat. The protection measures, including closures 
and seasonal allocations by gear grouping, were developed using the 
best scientific information available and considering the potential 
cumulative impacts on Steller sea lions and their critical habitat and 
on the commercial fisheries.
    Comment 2. The best available scientific data refute the hypothesis 
that the freezer hook-and-line sector of the Pacific cod fishery in the 
BSAI has contributed to nutritional stress on Steller sea lions.
    Response. The Pacific cod fisheries have been determined by NMFS to 
have a likelihood of jeopardizing the continued existence of Steller 
sea lions and adversely modifying their critical habitat (November 30, 
2000, BiOp). The freezer hook-and-line sector removes roughly half of 
the annual Pacific cod quota in the BSAI, and the best scientific 
information suggests that nutritional stress is a likely factor in the 
continued decline of the western DPS of Steller sea lions. Technical 
data does not presently exist to quantify the relative extent to which 
trawl fisheries and hook-and-line fisheries adversely affect foraging 
Steller sea lions and their critical habitat, although NMFS does agree 
that hook-and-line fisheries may have different effects on the prey 
field (section 5.3.1.6 of the 2001 BiOp). Hook-and-line fisheries 
remove Steller sea lion prey from critical habitat and are dispersed 
temporally and spatially along with trawl, pot, and other Pacific cod 
fisheries in order to avoid the likelihood of jeopardy and adverse 
modification of critical habitat.
    Comment 3. NMFS should eliminate the mandatory use of VMS for the 
freezer hook-and-line Pacific cod fishery because of the limited impact 
this sector has on the recovery of the Steller sea lion population. 
Commentors were not aware of discussions of a VMS requirement during 
the extensive Council RPA process.
    Response. The 2001 BiOp reasonable and prudent measures require 
NMFS to monitor fishing activity of Pacific cod, pollock, and Atka 
mackerel vessels that are restricted from fishing in haulouts, 
rookeries, and foraging areas. The freezer hook-and-line Pacific cod 
fishery is restricted from fishing in a number of foraging, haulout, 
and rookery areas in the BSAI and, therefore, must comply with the VMS 
requirements. The VMS requirement was part of the 2001 BiOp and 
Alternative 4 in the Steller sea lion SEIS, which were reviewed in the 
RPA Committee and Council process in September and October 2001.
    Comment 4. NMFS-funded Steller sea lion research efforts should 
address the Pacific cod prey issues and hook-and-line fisheries 
competition with Steller sea lions.
    Response. A large number of current research projects deal with 
Steller sea lion prey, foraging behavior, and commercial fisheries 
interaction. While none of these are specific to only the freezer hook-
and-line sector, information from a number of these studies will likely 
advance the understanding of the interaction between the freezer hook-
and-line sector and Steller sea lions and their critical habitat. A 
listing of the currently funded research projects is available on the 
NMFS Alaska Region web site at http://www.fakr.noaa.gov/protectedresources/stellers/research.pdf
    Comment 5. The commentors do not agree that sufficient grounds 
exist to mandate the 60percent TAC allocation to the A season and want 
additional

[[Page 56708]]

harvest amounts shifted into the A season.
    Response. See response to comment 1. The 60percent TAC 
apportionment for Pacific cod is a risk averse approach to protecting 
Steller sea lion prey during the winter season. The key to avoiding 
possible localized depletions of prey is to disperse the fishery 
roughly equally between the winter and summer seasons. A TAC of 60 
percent in the winter is consistent with this goal of dispersing the 
catch between seasons. Given that the winter may be the most critical 
time period for juvenile sea lions, this approach of dispersing the 
catch between seasons is reasonable.
    Comment 6. Historical fishing areas in the Aleutian Islands are 
closed to the freezer hook-and-line fishery under the Steller sea lion 
protection measures. Individual vessels are significantly disadvantaged 
because they must look for new fishing areas and develop new fishing 
practices. No sustainable basis exists for maintaining such closures. 
Nearshore closures create congestion and potential gear conflict in the 
remaining viable fishing areas, disproportionately impacting the more 
fragile freezer hook-and-line gear.
    Response. See response to comment 1. These impacts were considered 
by the RPA committee as the Steller sea lion protection measure were 
developed. Most of Steller sea lion critical habitat outside of 3 nm is 
available to the hook-and-line fishery in the Aleutian Islands west of 
the Seguam Foraging area. NMFS agrees that the freezer hook-and-line 
vessels may experience additional costs if they shift harvest into new 
fishing areas. Those costs have been examined in the RIR and IRFA for 
this action.
    Several environmental organizations submitted one letter with 
comments focusing on the Steller sea lion protection measures and 
harvest specifications rulemaking processes. Their comments are 
summarized below.
    Comment 1. Because the 2002 TAC specifications are being 
promulgated through the emergency interim rule process, fishing was 
allowed to commence without sufficient opportunity for public notice 
and comment. NMFS provides opportunity for comment by members of the 
fishing industry through the Council process, but this does not provide 
adequate access and the ability to comment by members of the public who 
are not members of the fishing industry. Even though NMFS ensured 
thorough involvement of the Council in the development of Steller sea 
lion protection measures, NMFS did not take into account the views of 
the non-fishing public or the deliberative processes of ESA and NEPA.
    Response. NMFS disagrees that the public was not given the 
opportunity to participate in the review processes under the NEPA and 
ESA for the Steller sea lion protection measures and for the 2002 
harvest specifications. The Council decision-making process is open to 
the fishing and non-fishing public. The Council appointed fishing and 
non-fishing members to the committee that made Steller sea lion 
protection measures recommendations to the Council. The public may keep 
up to date on actions contemplated by NMFS or the Council by contacting 
NMFS or the Council directly or by periodically reviewing NMFS or the 
Council's internet web sites at http://www.fakr.noaa.gov or http://www.fakr.noaa.gov/npfmc, respectively.
    NMFS provided opportunities for public involvement in the 
development of the Steller sea lion protection measures SEIS and the 
TAC specifications EA for the emergency interim rule action. A notice 
of availability of the draft SEIS was published in the Federal Register 
on August 31, 2001 (66 FR 45984). NMFS provided the draft SEIS in 
September 2001 at the Council meeting and hard copies of the draft EA 
were made available at the Council meeting in December 2001 for public 
review and comment and mailed to those requesting a copy. The draft EA 
was also posted on the Council's website on November 23, 2001. At least 
one other link was made to that EA from the NMFS Alaska Region NEPA 
page at http://www.fakr.noaa.gov/sustainablefisheries/ea/ea2001.htm. 
The SEIS was also made available to the public through these websites.
    NMFS received one comment letter on the draft EA, which was from 
the non-fishing public. A response to this letter was published in the 
preamble to the emergency interim rule (67 FR 956, January 8, 2002). 
Numerous comments received from the public regarding the SEIS were 
addressed and incorporated into the final document.
    Although the ESA does not require NMFS to provide public review of 
draft biological opinions, the draft 2001 BiOp was made available for 
public review as an appendix to the Steller sea lion SEIS in September 
2001 and public comments were solicited.
    Comment 2. NMFS' approach to fishery closure areas in this 
emergency interim rule appears to be a patchwork attempt at Steller sea 
lion conservation. NMFS' rationale for fishery closures in Steller sea 
lion critical habitat reflects a greater consideration for the 
preferred fishing areas of the fleet than it does the survival and 
recovery of the species. NMFS provides little justification for these 
closures, and in fact cites numerous examples where exemptions were 
made to provide access to historic fishing grounds for the fleet. 
Numerous examples of closure areas and exemptions are provided in the 
comment.
    Response. NMFS disagrees that the conservation measures contained 
within the emergency interim rule are a patchwork attempt that would 
jeopardize the continued existence of Steller sea lions or adversely 
modify critical habitat in exchange for access to preferred fishing 
grounds. The emergency interim rule outlines the extensive public 
process that NMFS and the Council used in determining the structure of 
the closure areas (Part I. Steller Sea Lion Protection Measures at 67 
FR 956). This process focused on the biology of Steller sea lions and 
their foraging requirements. The Council, its RPA Committee, and NMFS 
utilized the best available scientific information in order to avoid 
jeopardizing the continued existence of Steller sea lions or destroying 
or adversely modifying their critical habitat. Only after all this 
information was taken into account did the Committee consider the needs 
of the fishing industry in developing access to fishing grounds. For 
most fisheries, substantial historic fishing grounds were closed in 
order to promote the recovery of the western DPS of Steller sea lions.
    The 2001 BiOp describes the likely effects of the proposed 
conservation measures. Substantial areas of Steller sea lion critical 
habitat are closed to pollock, Pacific cod, and Atka mackerel fishing 
under the emergency interim rule (see Table 5.3, page 169). Based on 
the latest scientific information, NMFS has determined that nearshore 
areas (010 nm) are the most critical to the western DPS of Steller sea 
lions (specifically pups and juveniles). This determination differs 
from NMFS' opinion in past Section 7 consultations on the BSAI and GOA 
fisheries. New data and analyses of Steller sea lion at-sea 
distributions imply a foraging pattern not previously understood. 
Substantial uncertainty still exists in understanding the specific 
areas important to Steller sea lions and the effects of fisheries in 
these areas. However, NMFS concludes that current information is 
sufficient to provide adequate protection for the endangered western 
DPS of Steller sea lions and its critical habitat while providing 
access to some of the historical fishing grounds

[[Page 56709]]

for the pollock, Pacific cod, and Atka mackerel fisheries.
    In the 2001 BiOp, Table 5.3 describes the areas closed in relation 
to their distance from land in Steller sea lion critical habitat. These 
conservation measures include substantial closures within 10 nm from 
haulouts and rookeries. When comparing this closure area with the 
amount of nearshore area closed in the comprehensive BiOp, much more of 
the 010 nm area is closed under this action. Although NMFS determined 
that nearshore areas are more important than offshore habitat, the 
total closure area is similar under both scenarios (roughly 6065 
percent of critical habitat). When the effects of these closures are 
evaluated, weighted by area for Steller sea lion abundance and 
population trend rates, the result is a strategy as conservative as the 
RPA contained in the comprehensive BiOp, although the two approaches 
use different tools to protect the western DPS of Steller sea lions and 
protect its critical habitat.
    Comment 3. NMFS' interpretation of the available telemetry data 
from Steller sea lions is flawed. NMFS points out numerous limitations 
and potential biases to the data, as well as criticism by a peer review 
panel, but does not appropriately integrate this uncertainty into its 
management of these fisheries in order to avoid adverse effects to 
Steller sea lions or their critical habitat. Following this reasoning, 
NMFS did not develop closure areas that are large enough to insure the 
protection of juvenile and adult female Steller sea lions; the segment 
of the population which NMFS asserts is the most vulnerable to 
localized depletions caused by fishing. NMFS has not adequately 
described what the edge effects may be of large fishery removals of 
Steller sea lion prey species on the boundary of 3 or 10 nm closures 
near haulouts and rookeries. Additionally, NMFS did not display the 
amount of area closed to fishing in a way which could easily be 
compared to previous conservation measures for pollock and Atka 
mackerel.
    Response. NMFS uses the best scientific and commercial data 
available in consultations pursuant to section 7 of the ESA. The best 
information available to NMFS is the at-sea locations based on 
approximately 100 instrumented animals. NMFS explored various ways of 
looking at this information in the 2001 BiOp and determined that the 
distribution of hits was reasonably likely to capture Steller sea lion 
foraging patterns. As various reviews have pointed out (i.e., Bowen et 
al., 2001), the effectiveness of NMFS' protection measures are 
sensitive to this assumption. NMFS expects to have more sophisticated 
analyses on sea lion foraging patterns within the next several years 
and will continue to evaluate the important assumptions made in the 
2001 BiOp.
    NMFS acknowledges that the uncertainty regarding the telemetry 
information caused NMFS to conservatively protect areas beyond the core 
010 nm buffer zones. Table 5.3 and section 5.3.4 of the 2001 BiOp 
outline the complex protection measures in relation to their distance 
from shore. In general, little or no fishing is allowed within 3 nm of 
rookeries and haulouts; some nontrawl gear fishing from 310 nm (i.e., 
no trawling); and some trawling and nontrawl gear fishing from 1020 nm, 
with trawl gear prohibited from 020 nm around rookeries and haulouts in 
approximately half of the critical habitat sites in all areas. NMFS 
believes that these closures are more conservative than the RPA of the 
comprehensive BiOp which would have instituted closure areas in bands, 
closing all critical habitat within a zone out to 20 nm while other 
bands, in some cases, would have been open all the way to the shore. 
Under the January 8, 2002, emergency interim rule, all of the 13 areas 
receive substantial closures out to at least 10 nm, leaving virtually 
no ``holes'' where fishing would occur close to a rookery or haulout. 
This change in conservation strategy is based on the new telemetry 
analysis information that was not available to NMFS in November 2000. 
For these reasons, NMFS believes that the closure areas are adequate 
because they encompass the areas close to shore that appear to be 
important to juvenile Steller sea lions, lactating females, and pups.
    In the 2001 BiOp, NMFS explored the idea of edge effects and the 
migration of Steller sea lion prey into critical habitat areas where 
they would be available to foraging sea lions (see section 5.3.1.7 of 
the 2001 BiOp). Unfortunately, there is very little information on the 
migration of Steller sea lion prey species into critical habitat, and 
the possible effects of fisheries on those small scale fish movements. 
The 2001 BiOp describes the possible scenarios and the current research 
on Atka mackerel and pollock. At this point, NMFS' preliminary 
information indicates that migratory distances for Atka mackerel are 
small. This is unlikely to explain migration patterns in other species 
due to differences in life history patterns. NMFS is continuing this 
research and expects to have further insight into the issue over the 
next two to three years. Currently, NMFS has no information which would 
indicate that fishing at the levels authorized under the emergency 
interim rule would cause localized depletions of prey inside the 
closure areas.
    The amount of closure area has been described in numerous ways by 
NMFS. In the SEIS, Table 4.83 displays the amount and the percentage of 
area closed under each of the alternatives. Additionally, in section 
5.3.2.1 NMFS explored various methods of describing protection measures 
in comparison with the previous RPA from the comprehensive BiOp. 
Section 5.3.4 of the 2001 BiOp also describes the amount of area closed 
by zones radiating out from rookeries and haulouts.
    Comment 4. In previous Section 7 consultations under the ESA, NMFS 
determined that pollock fisheries were likely to jeopardize Steller sea 
lions because of their temporal concentration. In the December 3, 1998, 
Biological Opinion, NMFS outlined 6 criteria necessary to disperse the 
pollock fisheries in order to avoid jeopardizing Steller sea lions or 
adversely modifying their critical habitat. NMFS provides no 
explanation as to why they have not applied similar criteria to TAC 
allocations for pollock, Pacific cod, and Atka mackerel under the 
January 8, 2002, emergency interim rule for 2002. For example, numerous 
examples of TAC allocations are provided that do not comply with NMFS' 
criteria. How does this action avoid jeopardy and adverse modification 
of critical habitat when these fisheries are likely to be as temporally 
concentrated as in 1998 and 2000 when NMFS determined them to be 
unacceptably high?
    Response. The 2001 BiOp on Steller sea lion protection measures 
provides the rationale for the temporal distribution of the pollock, 
Pacific cod, and Atka mackerel fisheries in the BSAI and GOA (see 
section 5.3). The seasonal allocations of TAC are considered together 
with the spatial dispersion of these fisheries. The ``no jeopardy'' 
determination for the western DPS of Steller sea lions and no adverse 
modification of its critical habitat is based on new information and 
analyses that became available since the 1998 Biological Opinion was 
completed (see response to comment 4 above) and in consideration of 
potential fishery impacts on the western DPS of Steller sea lions as a 
whole.
    Protection measures are consistent from one region to the next. 
Maximum protection was provided close to shore, within 03 nm from 
rookeries and

[[Page 56710]]

haulouts. From 310 nm from rookeries and haulouts, limited fishing is 
authorized by gear types unlikely to cause localized depletions. From 
10 nm and beyond, trawl fisheries are authorized, in some cases with 
critical habitat limits in order to protect Steller sea lion prey 
availability. New information available on the at-sea distribution of 
Steller sea lions, and their presumed foraging habits, indicated to 
NMFS that a slightly different management action was necessary in order 
to adequately protect and recover the endangered Steller sea lion.
    In the BSAI, the rationalization of the pollock fishery under the 
American Fisheries Act and the allocation of Pacific cod TAC among gear 
types, processing and catcher vessel sectors, and vessel size classes 
contribute significantly to spatial and temporal dispersion of these 
two fisheries. Although the Atka mackerel fishery cannot be considered 
fully ``rationalized,'' the fleet's harvest rate in the western and 
central districts of the Aleutian Islands has been reduced by nearly 
half in critical habitat under the new group management of fishing 
effort.
    The GOA pollock and Pacific cod fisheries are not allocated among 
gear types or rationalized in a manner that would provide for slowing 
the pace of the fisheries under these highly competitive scenarios. 
Thus, more elaborate conservation measures are necessary to prevent 
locally high harvest rates. These measures include gear-specific 
fishery closures around rookeries and haulouts, four equal seasonal 
apportionments of the pollock TAC, and a 60/40 seasonal apportionment 
of the Pacific cod TAC. Additionally, any rollover of unharvested 
pollock from one season to the next is limited to 5 percent of the 
annual TAC (i.e., so that no more than 30 percent of the annual TAC is 
harvested in any one season). Historically, the GOA Pacific cod TAC has 
been harvested during the first quarter of the calendar year. The 
emergency interim rule now restricts the harvest to no more than 60 
percent of the TAC during the first 6 months of the year, a substantial 
new conservation measure that was not required in the RPA for the 1998 
BiOp. Thus, the fact that the GOA pollock fishery is temporally 
dispersed into four seasons while other fisheries are dispersed into 
fewer seasons is based on consideration of the nature of the fishery, 
seasonal distribution of prey biomass, TAC allocations among different 
sectors, closure areas, and the lack of rationalization in the GOA 
fisheries.
    NMFS has determined that the protection measures implemented under 
the emergency interim rule avoid jeopardy to the western DPS of Steller 
sea lions and the destruction or adverse modification of its critical 
habitat without resorting to a uniform approach to the protection 
measures.
    Comment 5. The harvest control rule (HCR) for pollock, Pacific cod, 
and Atka mackerel does not provide meaningful protection for Steller 
sea lions. Furthermore, NMFS has not adequately displayed the effects 
of fishing under the HCR on the Steller sea lion population due to the 
following: (a) removal of 60 percent of the theoretical biomass of a 
primary prey species for the endangered Steller sea lion, (b) 
authorization of a substantial harvest rate even when the biomass is 
below the B40% target level, and (c) authorizing fishery removals until 
80 percent of the biomass of a primary prey species has been removed. 
In 2002, four stocks are below the B40% biomass level, and the eastern 
Bering Sea pollock stock, which was estimated in the 2001 Stock 
Assessment and Fishery Evaluation report to be at a very high biomass 
level, was only at B45%. NMFS has not addressed issues raised by these 
biomass removals and the resulting diminished carrying capacity for 
Steller sea lions.
    Response. NMFS disagrees. The HCR provides meaningful protection to 
the western DPS of Steller sea lions and its critical habitat by 
halting fishing in the unlikely event that the biomass of a key prey 
species drops below 20 percent of its theoretical unfished level. 
Additionally, NMFS considers the harvest restraints implemented under 
FMP amendments 56/56 to be very conservative. Under these rules, the 
maximum permissible fishing mortality rates are formally reduced when 
the stock falls below B40%. In addition, stock assessment scientists 
often recommend fishing mortality rates that are below the maximum 
permissible level. These constraints are intended to accelerate the 
recovery of the spawning stock biomass when stock levels are below 
B40%. For pollock, Pacific cod, and Atka mackerel, the HCR would 
prohibit directed fishing before the stock was declared overfished. 
Thus, the HCR provides added protection to pollock, Pacific cod, and 
Atka mackerel stocks, if the spawning stock biomass exhibits a rapid 
decline.
    Steller sea lion foraging behavior, physiology, and nutrition are 
discussed at length in the SEIS, sections 3.1.1.7. and section 3.1.1.8. 
The discussion of physiology and nutrition is a quantitative 
presentation of food intake requirements. The analysis includes an 
examination as to whether the alternative management regime would 
result in fisheries harvest on prey species of particular importance to 
marine mammals at levels that could compromise foraging success. The 
analysis concluded that the effects on the human environment were 
insignificant for all five alternatives in the SEIS, including the 
protection measures in the January 8, 2002, emergency interim rule. 
Therefore, based on all of the above information, NMFS determined that 
the proposed action would not cause jeopardy to the western DPS of 
Steller sea lions or adverse modification to its critical habitat.

Classification

    The Administrator, Alaska Region, NMFS (Regional Administrator), 
has determined that this proposed 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 proposed 
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.
    NMFS prepared an IRFA that described the economic impact this 
proposed rule, if adopted, would have on small entities. A description 
of the proposed action, why it is being considered, and the legal basis 
for this action are contained at the beginning of this preamble.
    The IRFA concluded based on the numbers of operations in 2000, that 
approximately 581 small entities would be directly regulated by the 
rule. This includes 514 catcher vessels, 30 catcher/processors, and 37 
shoreside processors.
    Reductions in TACs, increases in the proportions of TACs placed 
``at risk'' due to closure or restriction of accustomed fishing areas, 
potential long-term market share losses, and possible quality 
reductions are expected to decrease gross revenues for all fleet 
segments. CDQs are small entities, and estimates suggest a reduction in 
gross revenues between 1.6 percent and 6.3 percent. Shoreside 
processors buying from catcher vessels will have estimated reductions 
in revenues between 1.1 percent and 5.9 percent. These may translate 
into reduced ex-vessel revenues for catcher vessels of similar 
magnitudes. Most catcher vessels are small entities. Catcher/processor

[[Page 56711]]

revenues will also drop and some catcher/processors are small entities. 
The low end of the range of possible decreases in gross revenues does 
not appear to be disproportionate for small entities, but the high end 
of the range does.
    The proposed regulation would increase vessel and processor 
operating costs for a number of reasons: (a) An increased travel time 
to and from more distant fishing grounds; (b) costs of learning new 
grounds; (c) costs of undertaking bycatch avoidance measures, or the 
costs associated with lost catches from premature closures due to 
excessive bycatch, if these efforts are unsuccessful; (d) reduced catch 
per unit effort due to less concentrated target stocks; (e) costs of 
stand-downs and lay-ups; (f) potential gear conflicts; (g) costs of 
fishing Pacific cod, pollock, or Atka mackerel when other economically 
important fisheries are open; (h) operational inefficiencies caused 
when processing facilities built for high rates of throughput receive 
slower fish deliveries; and (i) costs for installation and operation of 
VMS equipment. The cost for the purchase and installation of the VMS is 
expected to be about $1,900 for all operations; this will impose a 
proportionately larger increase in the costs incurred by small 
entities.
    The action imposes new recordkeeping and reporting requirements. 
(1) Questions will be added to the annual fishing permit renewal 
application and the CDQ catch report. These questions are expected to 
have small costs per vessel and in aggregate. (2) A VMS is a NMFS-
approved transmitter that automatically determines the vessel's 
position and transits it to a NMFS-approved communications service 
provider. A VMS unit will allow NMFS to continually track the location 
of a fishing vessel. This capability is extremely important in order 
for NMFS to effectively enforce the large number of area-based fishing 
restrictions designed to protect the Stellers sea lion. Jig vessels 
have been excluded from this requirement, but other vessels will be 
required to carry VMS while they are fishing for Pacific cod, pollock, 
and Atka mackerel. The cost for the purchase and installation of a VMS 
unit is estimated to be $1,926. Annual maintenance and transmission 
costs for a small entity are estimated to be $220. The VMS costs should 
be substantially mitigated for small vessels since the Pacific States 
Marine Fisheries Commission (PSMFC) has obtained a grant of $1.8 
million from NMFS for the purpose of reimbursing vessel owners for VMS 
purchases that are required under these regulations. PSMFC will 
reimburse up to $2,000 of the purchase price of each unit. The grants 
will not cover the costs of installation, maintenance, and operation of 
the units. (3) The regulation increases the number of observers that 
must be carried by a vessel fishing for Atka mackerel in Aleutian 
Islands critical habitat from one to two. The cost for an additional 
observer was estimated to range between $12,600 and $25,000 a year per 
operation.
    This analysis did not reveal any Federal rules that duplicate, 
overlap or conflict with the proposed action.
    The Council considered five regulatory alternatives and three 
options for one of these alternatives. Only one of the alternatives 
(the ``no action'' alternative involving the expiration of most of the 
rules that had been implemented by emergency order to protect the 
Steller sea lions) had smaller adverse impacts on small entities than 
the preferred alternative. The ``no action'' alternative was not 
adopted because it was presumed to violate the provisions of the 
Endangered Species Act and, therefore, failed to achieve the objectives 
of the proposed action.
    The Council considered, but did not adopt, two options to 
Alternative 4, which might have produced a reduced impact on the small 
vessel fleets. One of these would have exempted certain classes of 
small vessels from fishing restrictions in the vicinities of Chignik 
and a second would have established a system of ``gear zones'' along 
the coast in the GOA, and have restricted larger vessels to a greater 
extent than small ones in the zones closer to the shore. The Council 
preliminarily decided not to include the additional small boat 
exemptions for Chignik due to concerns that opening these areas would 
reduce the value as a control site for evaluating management measures 
and increase the likelihood for competitive interactions with sea 
lions, and that this site has not been economically important to the 
small boat fleets. 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 respectively).
    An IRFA has been prepared for the Chiniak Gully experiment in 
compliance with the Regulatory Flexibility Act of 1980 and the Small 
Business Regulatory Enforcement Fairness Act of 1996. The IRFA 
concluded that most of the vessels that otherwise would trawl for 
groundfish in the proposed Chiniak Gully area during late summer are 
small entities. Most of these affected vessels are home ported in and 
operate out of the city of Kodiak, adjacent to the proposed closure 
area. Although vessels will be able to harvest elsewhere and should be 
able to recover most of their lost revenues, they would be expected to 
incur some additional costs as a result of traveling greater distances 
to alternative fishing areas. However, these costs would not be 
significant and would be short-lived. Because these small vessels may 
experience higher costs, they may see some reduction in their cash flow 
and profits while the program is in effect. Since the affected vessels 
are mostly small entities, and large trawl entities would not be 
affected by this trawl closure, the impact may be disproportionately 
large on small entities. The alternatives of no action and of excluding 
small entities from the action would have reduced the burden on small 
entities, but did not meet the objectives of the action. Copies of this 
IRFA are available from NMFS (SEE ADDRESSES).
    Pursuant to the National Environmental Policy Act, NMFS 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). An analysis of the Chiniak experiment is provided in the 
EA/RIR/IRFA for the regulatory amendment to permit an investigation of 
the effect of commercial fishing on Walleye pollock distribution and 
abundance in localized areas off the east side of Kodiak Island. The 
final SEIS and EA/RIR/IRFA are available from NMFS (see ADDRESSES). No 
significant impacts on the human environment were anticipated from the 
Chiniak Gully experiment based on the analysis in the EA/RIR/IRFA. 
Based on a comparison of the effects of the other alternatives in the 
SEIS, NMFS determined that this action complies with ESA requirements. 
Potential impacts on marine mammals resulting from fishing activities 
conducted under this proposed rule are discussed in the SEIS for this 
action.
    This proposed rule contains and refers to collection-of-information 
requirements subject to the Paperwork Reduction Act. Applications to 
amend a permit and register for Atka mackerel, pollock, or Pacific cod 
directed fisheries have been approved by the Office of Management and 
Budget (OMB) under OMB control number 06480206. Requirements regarding 
use of a VMS

[[Page 56712]]

have been approved under OMB control number 06480445.
    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 response time 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 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.
    Formal and informal section 7 consultations under the ESA were 
completed for this proposed rule under the FMPs for the groundfish 
fisheries of the BSAI and the GOA. In the 2001 BiOp and memorandum 
dated December 11, 2001, from the OPR to OSF, the Director of the OPR 
determined that fishing activities described in the proposed 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.

List of Subjects in 50 CFR Part 679

    Alaska, Fisheries, Recordkeeping and reporting requirements.

    Dated: August 22, 2002.
Rebecca Lent,
Deputy Assistant Administrator for Regulatory Programs, National Marine 
Fisheries Service.

    For reasons set out in the preamble, 50 CFR part 679 is proposed to 
be 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. 105277; Sec. 3027, Pub. L. 10631; 57 
Stat. 113; 16 U.S.C. 1540(f); and Sec. 209, Pub. L. 106554.

    2. In Sec.  679.2, the definition for ``Steller Sea Lion Protection 
Areas'' is removed, paragraph (1) of the definition for ``Fishing 
trip'' is revised, and the definition for ``harvest limit area (HLA) 
for Atka mackerel directed fishing'' is added in alphabetical order to 
read as follows:


Sec.  679.2  Definitions.

* * * * *
    Fishing trip means: (1) Retention requirements (MRA, IR/IU, and 
pollock roe stripping).
    (i) With respect to retention requirements of MRA, IR/IU, and 
pollock roe stripping, an operator of a catcher/processor or mothership 
processor vessel is engaged in a fishing trip from the time the 
harvesting, receiving, or processing of groundfish is begun or resumed 
in an area until:
    (A) The effective date of a notification prohibiting directed 
fishing in the same area under Sec.  679.20 or Sec.  679.21;
    (B) The offload or transfer of all fish or fish product
    from that vessel;
    (C) The vessel enters or leaves an area where a different directed 
fishing prohibition applies;
    (D) The vessel begins fishing with different type of authorized 
fishing gear; or
    (E) The end of a weekly reporting period, whichever comes first.
    (ii) With respect to retention requirements of MRA, IR/IU, and 
pollock roe stripping, an operator of a catcher vessel is engaged in a 
fishing trip from the time the harvesting of groundfish is begun until 
the offload or transfer of all fish or fish product from that vessel.
* * * * *
    Harvest limit area (HLA) for Atka mackerel directed fishing for the 
purposes of Sec. Sec.  679.4(b)(5)(vi)(B), 679.20(a)(8)(ii) and (iii), 
and 679.22(a)(8)(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 6 of this part and located west of 177[deg]57.00' W long.
* * * * *

    3. In Sec.  679.4, paragraph (b)(5)(vi) is added to read as 
follows:


Sec.  679.4  Permits.

* * * * *
    (b) * * *
    (5) * * *
    (vi) Atka Mackerel, Pollock and Pacific Cod Directed Fisheries. (A) 
Indicate use of pot, hook-and-line, or trawl gear in the directed 
fisheries for pollock, Atka mackerel or Pacific cod.
    (B) Indicate directed fishing for Atka mackerel in the harvest 
limit area, as defined in Sec.  679.2.
* * * * *

    4. In Sec.  679.7 paragraphs (a)(17), (a)(18), and (a)(19) are 
added, paragraphs (a)(1) and (b) are revised, and paragraph (c)(3) is 
removed to read as follows:


Sec.  679.7  Prohibitions.

* * * * *
    (a) * * *
    (1) Federal Fisheries Permit. (i) Fish for groundfish in the BSAI 
or GOA with a vessel of the United States that does not have on board a 
valid Federal fisheries permit issued under Sec.  679.4.
    (ii) Directly fish for Atka mackerel, Pacific cod, or pollock with 
a vessel of the United States that does not have on board a valid 
Federal fisheries permit issued under Sec.  679.4 and endorsed for Atka 
mackerel, Pacific cod or pollock under Sec.  679.4(b)(5)(vi).
* * * * *
    (17) Tender vessel. (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. Operate a vessel in any Federal reporting area when a vessel is 
authorized under Sec.  679.4(b)(5)(vi) to participate in the Atka 
mackerel, Pacific cod, or pollock directed fisheries and the vessel's 
authorized species and gear type is open to directed fishing, unless 
the vessel carries an operable NMFS-approved Vessel Monitoring System 
(VMS) and complies with the requirements in Sec.  679.28(f).
    (19) Atka Mackerel HLA Groundfish Prohibition. For vessels 
registered for an Atka mackerel HLA directed fishery under Sec.  
679.20(a)(8)(iii), conduct directed fishing for groundfish, other than 
for Atka mackerel in an assigned HLA directed fishery under Sec.  
679.20(a)(8)(iii), during the time period that the first Atka mackerel 
HLA directed fishery to which the vessel is assigned under Sec.  
679.20(a)(8)(iii)(B) is open.
    (b) Prohibitions specific to the GOA. (1) Southeast Outside trawl 
closure. Use trawl gear in the GOA east of 140[deg] W long.
    (2) Catcher vessel trip limit for pollock. Retain on board a 
catcher vessel

[[Page 56713]]

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.
* * * * *

    5. In Sec.  679.20:
    a. Remove paragraphs (a)(7)(iii)(B), (f)(3), and redesignate 
paragraph (a)(7)(iii)(C) as (a)(7)(iii)(B).
    b. Revise paragraphs (a)(5)(i)(A), (a)(5)(i)(B),(a)(5)(ii)(B), 
(a)(6)(ii), (a)(6)(iii), (a)(7)(i)(C)(2) and (3), (a)(7)(ii)(A), 
(a)(7)(ii)(D), (a)(7)(iii)(A), (a)(8)(ii)(C), (a)(8)(iii), (a)(11), 
(b)(2)(i), (b)(2)(ii), (d)(4) and the newly designated paragraph 
(a)(7)(iii)(B).
    c. Add paragraph (e)(2)(iv) to read as follows:


Sec.  679.20  General limitations.

* * * * *
    (a) * * *
    (5) * * *
    (i) * * *
    (A) BSAI seasonal allowances--(1) Inshore, catcher/processor, 
mothership, and CDQ components. The portions of the BSAI area pollock 
directed fishing allowances allocated to each component under Sections 
206(a) and 206(b) of the AFA will be divided into two seasonal 
allowances corresponding to the two fishing seasons set out at Sec.  
679.23(e)(2), as follows: A Season, 40 percent; B Season, 60 percent.
    (2) Inseason adjustments. Within any fishing year, the Regional 
Administrator may 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.
    (B) Steller sea lion conservation area (SCA) harvest limit. For 
each component under Sections 206(a) and 206(b) of the AFA and for the 
open access fishery, no more than 28 percent of the annual pollock 
directed fishery allowance may be taken from the SCA before April 1. 
The SCA is defined at Sec.  679.22(a)(7)(vii).
* * * * *
    (ii) * * *
    (B) GOA Western and Central Regulatory Areas seasonal 
apportionments. 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)(2) as follows: A Season, 25 percent; B Season, 25 
percent; C Season, 25 percent; and D Season, 25 percent. Within any 
fishing year, underharvest or overharvest 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 a GOA regulatory area.
* * * * *
    (6) * * *
    (ii) GOA pollock. 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. 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) * * *
    (2) 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.
    (3) 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.
    (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) * * *
    (A) Reallocation within the trawl sector. If, during a fishing 
season, the Regional Administrator determines that either components of 
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), 
(a)(7)(ii)(C), or (a)(7)(iii)(A) of this section, he/she may reallocate 
the projected unused amount of Pacific cod to vessels using trawl gear 
in the other component through notification in the Federal Register 
before any reallocation to vessels using other gear type(s).
* * * * *
    (D) Unused seasonal allowance for trawl. Any unused portion of a 
seasonal allowance of Pacific cod for vessels using trawl gear under 
paragraph (a)(7)(ii) or (a)(7)(iii)(A) of this section may be 
reapportioned by the Regional Administrator to the subsequent seasonal 
allocations for vessels using trawl gear.
    (iii) * * *
    (A) Seasonal apportionment and gear allocations. The Pacific cod 
BSAI gear allocations and apportionments by seasons, as specified in 
Sec.  679.23 (e)(5), are as follows:

----------------------------------------------------------------------------------------------------------------
               Gear Type                        A season                 B season                C season
----------------------------------------------------------------------------------------------------------------
1 trawl                                 60 percent.............  20 percent.............  20 percent
2 trawl CV                              70 percent.............  10 percent.............  20 percent
3 trawl CP                              50 percent.............  30 percent.............  20 percent
4 hookandline [gteqt]                   60 percent.............  40 percent.............  ......................
60 ft (18.3 m) LOA,                     .......................  .......................  ......................
nonCDQ pot                              .......................  .......................  ......................
vessels [gteqt] 60 ft                   .......................  .......................  ......................

[[Page 56714]]

 
(18.3 m) LOA, and jig vessels           .......................  .......................  ......................
5 all other nontrawl vessels                                    no seasonal apportionment
----------------------------------------------------------------------------------------------------------------

    (B) Unused seasonal allowances. Any unused portion of a seasonal 
allowance of Pacific cod allocated to vessels using hook-and-line or 
pot gear under paragraph (a)(7)(i)(C) of this section will be 
reallocated to the remaining seasons during the current fishing year in 
a manner determined by NMFS, after consultation with the Council.
    (8) * * *
    (ii) * * *
    (C) Harvest limit area (HLA) limits. Atka mackerel harvest is 
limited in the HLA, as defined in Sec.  679.2, as follows:
    (1) For the HLA, the Regional Administrator will establish an HLA 
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 areas 542 and/or 
543 specified in paragraph (a)(8)(ii)(C)(1) of this section for the 
HLA.
    (iii) Atka mackerel HLA directed fishing--(A) Registration. All 
vessels using trawl gear for directed fishing for Atka mackerel in the 
HLA, as defined in Sec.  679.2, are required to register with NMFS. To 
register, the vessel owner or operator must provide information 
required by Sec.  679.4(b)(5)(vi) for an endorsement to the vessel's 
Federal fishery permit issued under Sec.  679.4.
    (1) To participate in the A season HLA fishery, registration 
information must be received by NMFS, Restricted Access Management 
Program, by 4:30 p.m., A.l.t., on the first working day following 
January 1.
    (2) To participate in the B season HLA fishery,
    (i) The vessel is registered for the A season HLA fishery and is 
registered for the HLA fishery through the first working day following 
July 31, or
    (ii) Registration information for the HLA fishery is received by 
NMFS, Restricted Access Management Program, by 4:30 p.m., A.l.t., on 
the first working day following July 31.
    (B) HLA assignment. For each season, NMFS will manage the HLA 
directed 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 will 
randomly assign each vessel to 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 HLA directed fishery within a 
statistical area will be assigned an equal number of vessels unless 
there is an odd number of vessels under paragraph (a)(8)(iii)(A) of 
this section. In the case of an odd number of vessels, the Regional 
Administrator or his/her designee will assign one additional vessel to 
one HLA directed fishery. 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 an HLA directed fishery in area 542 and 
will be placed in the area 543 HLA 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) HLA 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 HLA in areas 542 and 543. 
The Regional Administrator will provide notification by publication in 
the Federal Register of the opening and closure dates of the HLA 
directed fisheries, as determined by paragraph (a)(8)(iii)(E) of this 
section. Closures specified in Table 6 to this part and in Sec.  
679.22(a)(8) will remain in effect.
    (D) HLA harvest limit. The Regional Administrator will establish 
the harvest limit for each HLA directed fishery for each area based on 
the seasonal apportionment at paragraph (a)(8)(ii)(C) of this section 
and in proportion to the number of vessels in an HLA directed fishery 
compared to the total number of vessels fishing in the HLA of an area 
during a season.
    (E) HLA directed fishery closure. The Regional Administrator will 
establish the closure date of the Atka mackerel HLA directed fishery 
for each statistical area based on the estimated fishing capacity of 
vessels registered to fish in the area and assigned to the HLA directed 
fishery under paragraph (a)(8)(iii)(B) of this section. Each HLA 
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 HLA directed fishery assigned to the vessel in a 
season, as specified in Sec.  679.7(a)(19).
* * * * *
    (11) GOA Pacific cod TAC--(i) Seasonal apportionment. The TAC 
established for Pacific cod in the Western and Central Regulatory 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)(3).
    (ii) The Regional Administrator may apply any underage or overage 
of Pacific cod harvest from one season to the subsequent season. In 
adding or subtracting any underages or overages to the subsequent 
season, the Regional Administrator shall consider bycatch needed to 
optimize catch by gear groups and sectors.
    (iii) Pacific cod catch between the A and B seasons. Pacific cod 
catch 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. 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. 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. If 
a biological assessment of stock condition for the pollock, Pacific 
cod, or Atka mackerel within an area projects that the biomass in an 
area will be equal to or 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

[[Page 56715]]

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.
* * * * *
    (e) * * *
    (2) * * *
    (iv) The maximum retainable amount for vessels fishing during an 
individual fishing trip in areas closed to directed fishing and in 
areas open to directed fishing is the lowest maximum retainable amount 
applicable to the prohibited species or species group in any of these 
areas, and this maximum retainable amount must be applied for the 
duration of the individual fishing trip.
* * * * *

    6. In Sec.  679.22, paragraphs (a)(5), (a)(7), (a)(8), (b)(2) and 
(b)(3) are revised to read as follows:


Sec.  679.22  Closures.

    (a) * * *
    (5) Catcher Vessel Operational Area(CVOA)--(i) Definition. The CVOA 
is defined as that part of the BSAI that is south of 56[deg]00' N lat. 
and between 163[deg]00' W long. and 167[deg]30' W long., and north of 
the Aleutian Islands (Figure 2 to part 679).
    (ii) Catcher/processor restrictions. 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 B 
pollock season defined at Sec.  679.23(e)(2)(ii), unless it is 
operating under a CDP approved by NMFS.
* * * * *
    (7) Steller sea lion protection areas, Bering Sea subarea--(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)(7)(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)(7)(i)(B) of this 
section in the portion of the Bogoslof area south of a line connecting 
a point 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 5 of this part.
    (2) If the Regional Administrator determines that 113 mt of Pacific 
cod have 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)(7)(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)(2).
    (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 12 of this part and are 
identified 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 4 of this part and are 
identified by ``Bering Sea'' in column 2.
    (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 in Table 5 of this part 
and are identified 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 6 to this part and are identified by ``Bering Sea'' in column 
2.
    (vii) Steller sea lion conservation area (SCA)--(A) General. 
Directed fishing for pollock by 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, is prohibited within the SCA until April 1 when the Regional 
Administrator announces, by notification in the Federal Register, that 
the criteria set out in paragraph (a)(7)(vii)(C) of this section have 
been met by that industry component.
    (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.
    (C) Criteria for closure--(1) General. The directed fishing 
closures identified in paragraph (a)(7)(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)(B) is reached before April 1. The Regional 
Administrator shall 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 by 
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)(B) has been met before April 1.
    (8) Steller sea lion protection areas, Aleutian Islands subarea--
(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

[[Page 56716]]

federally-permitted vessels is prohibited in the Seguam Foraging area 
as described in paragraph (a)(8)(i)(A) of this section.
    (ii) Pollock closure. Directed fishing for pollock by federally-
permitted vessels is prohibited within the pollock no-fishing zones 
around selected sites. These sites are listed in Table 4 of this part 
and are identified by ``Aleutian I.'' in column 2.
    (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 12 of this part and are 
identified by ``Aleutian Islands'' in column 2.
    (iv) Pacific cod closures--(A) HLA closure. Directed fishing for 
Pacific cod by federally-permitted vessels using trawl gear is 
prohibited in the HLA in area 542 or area 543, as defined in Sec.  
679.2 when the Atka mackerel HLA 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 5 of this part 
and are identified 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 6 of this part and are identified by ``Aleutian Islands'' in 
column 2.
* * * * *
    (b) * * *
    (2) Steller sea lion protection areas--(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 12 of this part and are identified 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 4 of this part and are 
identified 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 in 
the federally managed Pacific cod or State of Alaska parallel 
groundfish fisheries, as defined in 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 5 of this part and are identified by ``GOA'' in column 
2.
    (iv) Atka mackerel closure. Directed fishing for Atka mackerel by 
federally permitted vessels within the Gulf of Alaska subarea is 
prohibited at all times.
    (3) Chiniak Gully Research Area (applicable through December 31, 
2004)--(i) Description of Chiniak Gully Research Area. The Chiniak 
Gully Research Area is defined as that part of area 630 bounded by 
straight lines connecting the coordinates in the order listed:

57.81[deg] N lat., 152.37[deg] W long.;

57.81[deg] N lat., 151.85[deg] W long.;

57.22[deg] N lat., 150.64[deg] W long.;

56.98[deg] N lat., 151.27[deg] W long.;

57.62[deg] N lat., 152.16[deg] W long.; and hence counterclockwise 
along the shoreline of Kodiak Island to 57.81[deg] N lat., 152.37[deg] 
W long.
    (ii) Closure--(A) The Chiniak Gully Research Area is closed to 
vessels using trawl gear from August 1 to a date no later than 
September 20, except that trawl gear may be tested in the manner 
described at Sec.  679.24(d)(2) in the Kodiak Test Area defined at 
Sec.  679.24 (d)(4)(i) and illustrated in Figure 7 to this part.
    (B) Prior to September 20, the Regional Administrator may publish 
notification in the Federal Register rescinding the trawl closure in 
the Chiniak Gully Research Area described in paragraph (b)(3)(ii)(A) of 
this section.
* * * * *

    7. In Sec.  679.23, paragraphs (d)(2), (d)(3), (e)(2), (e)(3), 
(e)(4)(iii), and (e)(5) and paragraph (i) are revised to read as 
follows:


Sec.  679.23  Seasons.

* * * * *
    (d) * * *
    (2) Directed fishing for pollock. 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.
    (3) Directed fishing for Pacific cod--(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) * * *
    (2) Directed fishing for pollock in the Bering Sea/Aleutian Islands 
area by inshore, offshore catcher/processor, and mothership components 
and pollock CDQ fisheries. 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/Aleutian 
Islands area or directed fishing for pollock CDQ in the Bering Sea/
Aleutian Islands area 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.
    (3) Directed fishing for Atka mackerel with trawl gear. 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 season:
    (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.
* * * * *
    (4) * * *
    (iii) Groundfish CDQ. Fishing for 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

[[Page 56717]]

fishing year, except as provided under paragraph (c) of this section.
    (5) Directed fishing for Pacific cod--(i) 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 gear 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.
    (ii) 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.
    (iii) 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.
* * * * *
    (i) Catcher vessel exclusive fishing seasons for pollock. 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)(2) and Sec.  679.23(e)(2).

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


    8. In Sec.  679.28, paragraphs (f)(3)(ii) and (f)(3)(iii) are 
revised, and paragraphs (f)(4), (f)(5), and (f)(6) are added to read as 
follows:


Sec.  679.28  Equipment and operational requirements.

* * * * *
    (f) * * *
    (3) * * *
    (ii) Activate the VMS transmitter and receive confirmation from 
NMFS that the VMS transmissions are being received before engaging in 
operations when a VMS is required.
    (iii) Continue the VMS transmissions until no longer engaged in 
operations requiring VMS.
* * * * *
    (4) What must the vessel owner do before activating a VMS 
transmitter for the first time? If you are a vessel owner who must use 
a VMS and you are activating a VMS transmitter for the first time, you 
must:
    (i) Contact the NMFS enforcement division by FAX at 9075867703 and 
provide: the VMS transmitter ID, the vessel name, the Federal Fisheries 
Permit Number, and approximately when and where the vessel will begin 
fishing.
    (ii) Call NMFS enforcement at 9075867225, Monday through Friday, 
between the hours of 0800 hours, A.l.t., and 1630 hours, A.l.t., at 
least 72 hours before leaving port and receive confirmation that the 
transmissions are being received.
    (5) What must the vessel owner do when the vessel replaces a VMS 
transmitter? If you are a vessel owner who must use a VMS and you wish 
to replace a transmitter, you must either:
    (i) Have followed the reporting and confirmation procedure for the 
replacement transmitter, as described above in paragraph (f)(4) of this 
section, or
    (ii) Contact the NMFS Enforcement Division by phone or FAX and 
provide: the replacement VMS transmitter ID, the vessel name and the 
vessel's Federal Fisheries Permit Number and receive confirmation that 
the transmissions are being received before beginning operations.
    (6) When must the VMS transmitter be transmitting? Your vessel's 
transmitter must be transmitting if the vessel is operating in any 
Reporting Area (see definitions at Sec.  679.2) off Alaska while any 
fishery requiring VMS, for which the vessel has a species and gear 
endorsement on its Federal Fisheries Permit under Sec.  
679.4(b)(5)(vi), is open.


Sec.  679.32  [Amended]

    9. In Sec.  679.32, paragraph (e) is removed and reserved.

    10. In Sec.  679.50, paragraph (c)(1)(x) is revised to read as 
follows:


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

* * * * *
    (c) * * *
    (1) * * *
    (x) 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 HLA directed 
fishery, as specified in Sec.  679.20(a)(8).
* * * * *

    11. In 50 CFR part 679, Tables 4, 5, and 6 are revised, Table 12 is 
added, and Table 13 is removed and reserved to read as follows:
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[FR Doc. 02-21985 Filed 9302; 8:45 am]
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