[Federal Register Volume 67, Number 248 (Thursday, December 26, 2002)]
[Rules and Regulations]
[Pages 78733-78738]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-32432]



[[Page 78733]]

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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 679

[Docket No. 021212306-2306-01; I.D. 110602B]


Fisheries of the Exclusive Economic Zone Off Alaska; Gulf of 
Alaska; Interim 2003 Harvest Specifications for Groundfish

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

ACTION: Interim final rule.

-----------------------------------------------------------------------

SUMMARY: NMFS issues interim 2003 total allowable catch (TAC) amounts 
for each category of groundfish, American Fisheries Act (AFA) sideboard 
amounts, and specifications for prohibited species catch (PSC) amounts 
for the groundfish fishery of the Gulf of Alaska (GOA). Without interim 
specifications in effect on January 1, the groundfish fisheries would 
not be able to open on that date, which would result in unnecessary 
closures and disruption within the fishery industry. The intended 
effect is to conserve and manage the groundfish resources in the GOA.

DATES: The interim specifications are effective from 0001 hrs, Alaska 
local time (A.l.t.), January 1, 2003, until the effective date of the 
Final 2003 Harvest Specifications for GOA Groundfish, which will be 
published in the Federal Register.

ADDRESSES: Copies of the Environmental Assessment (EA) prepared for 
this action, the final 2001 Stock Assessment and Fishery Evaluation 
(SAFE) report, dated November 2001, and the final 2002 SAFE report, 
dated November 2002, are available from the North Pacific Fishery 
Management Council, 605 West 4th Avenue, Suite 306, Anchorage, AK 
99501-2252, telephone (907-271-2809).

FOR FURTHER INFORMATION CONTACT: Thomas Pearson, 907-481-1780 or 
[email protected].

SUPPLEMENTARY INFORMATION:

Background

    Federal regulations at 50 CFR part 679 implementing the Fishery 
Management Plan (FMP) for Groundfish of the GOA govern the groundfish 
fisheries in the GOA. The North Pacific Fishery Management Council 
(Council) prepared the FMP, and NMFS approved it under the authority of 
the Magnuson-Stevens Fishery Conservation and Management Act (Magnuson-
Stevens Act). General regulations that also pertain to the U.S. 
fisheries appear at subpart H of 50 CFR part 600.
    The Council met in October 2002 to review scientific information 
concerning groundfish stocks and recommended proposed 2003 
specifications which are available for public review (see ADDRESSES). 
The Council recommended and NMFS proposes a total acceptable biological 
catch (ABC) of 382,790 mt and a TAC of 233,166 mt for the 2003 fishing 
year. The proposed TAC amounts for each species were based on the best 
available biological and socioeconomic information.
    Under Sec.  679.20(c)(1)(ii), NMFS published in the Federal 
Register proposed harvest specifications for groundfish and associated 
management measures in the GOA for the 2003 fishing year (67 FR 76344, 
December 12, 2002). That document contains a detailed discussion of the 
proposed 2003 TACs, groundfish reserves, apportionments of TAC, ABC 
amounts, overfishing levels (OFLs), PSC amounts and apportionments, and 
associated management measures of the GOA groundfish fishery.
    This action provides interim harvest specifications and 
apportionments thereof for the 2003 fishing year that will become 
available on January 1, 2003, and remain in effect until superseded by 
the final 2003 harvest specifications. Background information 
concerning the 2003 groundfish harvest specification process, upon 
which this interim action is based, is provided in the above mentioned 
proposed specification document.

Establishment of Interim TACs

    Regulations at Sec.  679.20(c)(2)(i) require that one-fourth of 
each proposed TAC and apportionment thereof (not including the reserves 
and the first seasonal allowance of pollock and Pacific cod) and one-
fourth of the halibut PSC amounts become effective at 0001 hours, 
A.l.t., January 1, on an interim basis and remain in effect until 
superseded by the final harvest specifications. The final rule to 
implement the Steller sea lion protection measures will make the 
proposed first seasonal allowances of pollock and Pacific cod effective 
at 0001 hours, A.l.t., January 1, on an interim basis. They will remain 
in effect until superseded by the final harvest specifications. As 
stated in the proposed specifications (67 FR 76344, December 12, 2002), 
no harvest of groundfish is authorized prior to the effective date of 
this action implementing the interim specifications.
    Regulations at Sec.  679.20(a)(6)(ii) and (iii) allocate 100 
percent of the pollock TAC to vessels catching pollock for processing 
by the inshore component, 90 percent of the Pacific cod TAC to vessels 
catching Pacific cod for processing by the inshore component, and 10 
percent of the Pacific cod TAC to vessels catching Pacific cod for 
processing by the offshore component.
    The reserves for the GOA are 20 percent of the TAC amounts for 
pollock, Pacific cod, flatfish species, and the ``other species'' 
category (Sec.  679.20(b)(2)). The GOA groundfish TAC amounts have been 
utilized fully since 1987 and NMFS expects this trend to continue in 
2003. Therefore, NMFS has proposed reapportioning all the reserves to 
TAC. The interim TAC amounts contained in Table 1 reflect the proposed 
reapportionment of reserves back to the TAC.

Interim 2003 GOA Groundfish Harvest Specifications and Apportionments

    Table 1 provides interim TAC amounts, the first seasonal allowance 
of pollock in the combined Western and Central regulatory areas, the 
first seasonal allowance of Pacific cod in the Western and Central 
Regulatory Areas, interim TAC allocations of Pacific cod to the inshore 
and offshore components, and interim sablefish TAC apportionments to 
hook-and-line and trawl gear. These interim TAC amounts and 
apportionments become effective at 0001 hours, A.l.t., January 1, 2003.

[[Page 78734]]



    Table 1 - Interim 2003 TAC Amounts of Groundfish for the Combined
    Western/Central (W/C), Western (W), Central (C), and Eastern (E)
Regulatory Areas and in the West Yakutat (WYK), Southeast Outside (SEO),
  and Gulfwide (GW) Districts of the Gulf of Alaska (GOA)1,2. The first
seasonal allowances of pollock in the Combined W/C Regulatory Areas, the
     first seasonal allowances of Pacific cod. Interim sablefish TAC
       apportionments to hook-and-line (H/L) and trawl (TRW) gear.
------------------------------------------------------------------------
                                                           Interim TAC
                 Species                       Area            (mt)
------------------------------------------------------------------------
Pollock\3,4\                                   W (610)            2,916
                                                      C (620)     8,618
                                                      C (630)     1,222
  Subtotal                                          W/C          12,656
                                             WYK (640)              291
                                             SEO (650)            1,615
  Total                                    ............          14,562
Pacific cod\5\                             ............  ...............
  Inshore                                            W            7,987
  Offshore                                           W              887
  Inshore                                             C          11,741
  Offshore                                            C           1,302
  Inshore                                            E              512
  Offshore                                           E               57
  Total                                    ............          22,481
Flatfish, Deep-water\6\                    ............  ...............
                                                     W               45
                                                      C             555
                                                   WYK              332
                                                   SEO              288
  Total                                    ............           1,220
Rex sole                                   ............  ...............
                                                     W              320
                                                      C           1,385
                                                   WYK              400
                                                   SEO              262
  Total                                    ............           2,367
Flathead sole                              ............  ...............
                                                     W              500
                                                      C           1,250
                                                   WYK              398
                                                   SEO              172
  Total                                    ............           2,320
Flatfish, Shallow-water\7\                 ............  ...............
                                                     W            1,125
                                                      C           3,250
                                                   WYK              295
                                                   SEO              435
  Total                                    ............           5,105
Arrowtooth flounder                        ............  ...............
                                                     W            2,000
                                                      C           6,250
                                                   WYK              625
                                                   SEO              625
  Total                                    ............           9,500
Sablefish\8,9,10\                          ............  ...............
                                                   H/L        N/A (486)
                                                   TRW              122
                                                   H/L      N/A (1,180)
                                                   TRW              295
                                                   TRW               70
                                                   H/L        N/A (458)
                                                   SEO        N/A (872)
  Total                                    ............           3,483
Pacific ocean perch\11\                    ............  ...............
                                                     W              658
                                                      C           2,072
                                                   WYK              195
                                                   SEO              400
  Total                                    ............           3,325
Shortraker/rougheye\12\                    ............  ...............
                                                     W              555
                                                      C             210
                                                     E              140
  Total                                    ............             405
Rockfish, northern\13\                     ............  ...............
                                                     W              190

[[Page 78735]]

 
                                                      C             985
                                                     E              N/A
  Total                                    ............           1,175
Rockfish, other\14,15\                     ............  ...............
                                                     W               22
                                                      C             138
                                                   WYK               38
                                                   SEO               50
  Total                                    ............             248
Rockfish, pelagic shelf\16\                ............  ...............
                                                     W              128
                                                      C             870
                                                   WYK              160
                                                   SEO              215
  Total                                    ............           1,373
Rockfish, demersal shelf SEO\17\           ............  ...............
                                                   SEO               88
Thornyhead rockfish                        ............  ...............
                                                     W               90
                                                      C             210
                                                     E              198
  Total                                    ............             498
Atka mackerel                              ............  ...............
                                                    GW              150
Other species\18\                          ............          2,776,
GOA Total Interim TAC                      ............         71,076
------------------------------------------------------------------------
(Interim TAC amounts have been rounded to nearest mt)
\1\ Reserves have been reapportioned back to each species' TAC and are
  reflected in the interim TAC amounts. (See Sec.   679.20(a)(2))
\2\ See Sec.   679.2 for definitions of regulatory area and statistical
  area. See Figure 3b to part 679 for a description of regulatory
  districts.
\3\ The first seasonal allowance of pollock TAC in the W/C combined area
  is set at 25% of the annual TAC for the area which is 12,656 mt.
  Within the W/C area pollock is apportioned between Statistical Areas
  610, 620, and 630 based on the winter distribution of pollock in the
  area which is 23% in Area 610 (2,916 mt), 68% in Area 620 (8,618 mt),
  and 9% in Area 630 (1,122 mt). In the Eastern Regulatory Area, pollock
  is not divided into less than annual allowances, and one-fourth of the
  TAC is available on an interim basis.
\4\ The pollock TAC in all regulatory areas will be allocated 100
  percent to vessels catching groundfish for processing by the inshore
  component after subtraction of amounts that are determined by the
  Regional Administrator, NMFS, to be necessary to support the bycatch
  needs of the offshore component in directed fisheries for other
  groundfish species. At this time, these bycatch amounts are unknown
  and will be determined during the fishing year. (See Sec.
  679.20(a)(6)(ii))
\5\ The Pacific cod TAC in all regulatory areas is allocated 90 percent
  to vessels catching groundfish for processing by the inshore component
  and 10 percent to vessels catching groundfish for processing by the
  offshore component (See Sec.   679.20(a)(6)(iii)). The first seasonal
  apportionment of Pacific cod in the GOA is 60% of the annual TAC.
\6\ ``Deep-water flatfish'' means Dover sole, Greenland turbot and
  deepsea sole.
\7\ ``Shallow-water flatfish'' means flatfish not including ``deep-water
  flatfish'', flathead sole, rex sole, and arrowtooth flounder.
\8\ Sablefish TAC amounts for each of the regulatory areas and districts
  are assigned to hook-and-line and trawl gear. In the Central and
  Western Regulatory Areas, 80 percent of the TAC is allocated to hook-
  and-line gear and 20 percent to trawl gear. In the Eastern Regulatory
  Area, 95 percent of the TAC is assigned to hook-and-line gear. Five
  percent is allocated to trawl gear and may only be used as bycatch to
  support directed fisheries for other target species. (See Sec.
  679.20(a)(4))
\9\ The sablefish hook-and-line (H/L) gear fishery is managed under the
  Individual Fishing Quota (IFQ) program and is subject to regulations
  contained in subpart D of 50 CFR part 679. Annual IFQ amounts are
  based on the final TAC amount specified for the sablefish H/L gear
  fishery as contained in the final specifications for groundfish. Under
  Sec.   679.7(f)(3), retention of sablefish caught with H/L gear is
  prohibited unless the harvest is authorized under a valid IFQ permit
  and IFQ card. In 2003, IFQ permits and IFQ cards will not be valid
  prior to the effective date of the 2003 final specifications. Thus,
  fishing for sablefish with H/L gear will not be authorized under these
  interim specifications. Nonetheless, interim amounts are shown in
  parentheses to reflect assignments of one-fourth of the proposed TAC
  amounts among gear categories and regulatory areas in accordance with
  Sec.   679.20(c)(2)(i). See Sec.   679.40 for guidance on the annual
  allocation of IFQ.
\10\ Sablefish caught in the GOA with gear other than hook-and-line or
  trawl gear must be treated as prohibited species and may not be
  retained.
\11\ ``Pacific ocean perch'' means Sebastes alutus.
\12\ ``Shortraker/rougheye rockfish'' means Sebastes borealis
  (shortraker) and S. aleutianus (rougheye).
\13\ ``Northern rockfish'' means Sebastes polyspinis.
14 ``Other rockfish'' in the Western and Central Regulatory Areas and in
  the West Yakutat District means slope rockfish and demersal shelf
  rockfish. The category ``other rockfish'' in the Southeast Outside
  District means slope rockfish.
\15\ ``Slope rockfish'' means Sebastes aurora (aurora), S. melanostomus
  (blackgill), S. paucispinis (bocaccio), S. goodei (chilipepper), S.
  crameri (darkblotch), S. elongatus (greenstriped), S. variegateu
  (harlequin), S. wilsoni (pygmy), S. proriger (redstripe), S. zacentrus
  (sharpchin), S. jordani (shortbelly), S. brevispinis (silvergrey), S.
  diploproa (splitnose), S. saxicola (stripetail), S. miniatus
  (vermilion), S. babcocki (redbanded), and S. reedi (yellowmouth).
\16\ ``Pelagic shelf rockfish'' includes Sebastes ciliatus (dusky), S.
  entomelas (widow), and S. flavidus (yellowtail). ``Offshore Pelagic
  shelf rockfish'' includes S. ciliatus (dusky), S. entomelas (widow),
  and S. flavidus (yellowtail).
\17\ ``Demersal shelf rockfish'' means Sebastes pinniger (canary), S.
  nebulosus (china), S. caurinus (copper), S. maliger (quillback), S.
  helvomaculatus (rosethorn), S. nigrocinctus (tiger), and S. ruberrimus
  (yelloweye).
\18\ ``Other species'' includes sculpins, sharks, skates, squid, and
  octopus. The TAC for ``other species'' equals 5 percent of the TAC
  amounts of target species.


[[Page 78736]]

Interim 2003 Halibut PSC Mortality Limits

    Under Sec.  679.21(d), annual Pacific halibut PSC mortality limits 
are established for trawl and hook-and-line gear and may be established 
for pot gear. The Council recommended and NMFS proposed to reestablish 
the 2002 halibut mortality limits for 2003 because no new information 
was available. Consistent with 2002, the Council recommended and NMFS 
proposed exemptions for pot gear, jig gear and the sablefish hook-and-
line fishery from halibut PSC limits for 2003. The fishery specific 
interim PSC limits for halibut are in effect at 0001 hours, A.l.t., 
January 1, 2003, and remain in effect until superseded by the final 
2003 harvest specifications. The interim halibut PSC limits are: (1) 
500 mt to trawl gear, (2) 72.5 mt to hook-and-line gear for fisheries 
other than demersal shelf rockfish, and (3) 2.5 mt to hook-and-line 
gear for the demersal shelf rockfish fishery in the Southeast Outside 
District.
    Regulations at Sec.  679.21(d)(3)(iii) authorize apportionments of 
the trawl halibut PSC limit as bycatch allowances to a deep-water 
species complex, comprised of rex sole, sablefish, rockfish, deep-water 
flatfish, and arrowtooth flounder, and a shallow-water species complex, 
comprised of pollock, Pacific cod, shallow-water flatfish, flathead 
sole, Atka mackerel, and ``other species''. The interim 2003 
apportionment for the shallow-water species complex is 409 mt and for 
the deep-water species complex is 91 mt.

Interim 2003 Non-exempt AFA Catcher Vessel Groundfish Harvest and PSC 
Limitations

    One of the provisions implemented by AFA regulations was to place 
groundfish harvesting and processing limitations, also called 
sideboards, on AFA catcher/processors and catcher vessels in the GOA. 
These limitations are considered necessary for fishermen and processors 
who have received exclusive harvesting and processing privileges under 
the AFA to protect the interests of fishermen and processors who have 
not directly benefitted from the AFA. In the GOA, regulations that will 
be effective with the final rule to implement major provisions of the 
AFA prohibit unrestricted AFA catcher/processors from fishing for any 
species of fish (Sec.  679.7(k)(1)(ii)) and from processing any 
groundfish harvested in Statistical Area 630 of the GOA (Sec.  
679.7(k)(1)(iv)). The Council recommended and NMFS proposed that 
certain AFA catcher vessels in the GOA be exempt from groundfish 
harvest limitations. Under the final rule to implement major provisions 
of the AFA at Sec.  679.63(b)(1)(i)(B), exempted AFA catcher vessels in 
the GOA will be those less than 125 ft (38.1 m) length overall (LOA) 
whose annual BSAI pollock landings totaled less than 5,100 mt and that 
made 40 or more GOA groundfish landings from 1995 through 1997.
    For non-exempt AFA catcher vessels in the GOA, harvest limitations 
are based upon their traditional harvest levels of TAC in groundfish 
fisheries covered by the GOA FMP. Under the final rule to implement 
major provisions of the AFA at Sec.  679.63(b)(1)(ii)(C), the amounts 
of groundfish harvest limits in the GOA will be based on the retained 
catch of non-exempt AFA catcher vessels of each sideboard species from 
1995 through 1997 divided by the TAC for that species over the same 
period. These amounts are listed in Table 2. All harvests of sideboard 
species made by non-exempt AFA catcher vessels, whether as targeted 
catch or bycatch, will be deducted from the sideboard limits in Table 
2.

              Table 2 - Interim 2003 GOA Non-Exempt AFA Catcher Vessel (CV) Groundfish Harvest Limitations (Sideboards). (Values are in mt)
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                     Ratio of 1995-1997 Non-
                    Species                     Apportionments and Allocations by  Exempt AFA CV Catch to 1995-     2003     2003 Non-Exempt AFA Catcher
                                                       Area/processor/Gear                   1997 TAC           Interim TAC        Vessel Sideboard
--------------------------------------------------------------------------------------------------------------------------------------------------------
Pollock                                         Shumagin (610)...................                       0.6112        2,916                        1,782
                                                Chirikof (620)...................                       0.1427        8,618                        1,230
                                                Kodiak (630).....................                       0.2438        1,122                          274
                                                WYK (640)........................                       0.3499          291                          102
                                                SEO (650)........................                       0.3499        1,615                          565
Pacific cod                                     W inshore........................                       0.1423        7,979                        1,135
                                                offshore.........................                       0.1026          887                           91
                                                C inshore........................                       0.0722       11,741                          848
                                                E inshore........................                       0.0721        1,305                           94
                                                offshore.........................                       0.0079          512                            4
                                                                                                        0.0078           57                            0
Flatfish deep-water                             .................................                        0.000           45                            0
                                                W................................                       0.0670          555                           37
                                                C................................                       0.0171          620                           11
                                                E................................
Rex sole                                        W................................                       0.0010          320                            0
                                                C................................                       0.0402        1,385                           56
                                                E................................                       0.0153          662                           10
Flathead sole                                   W................................                       0.0036          500                            2
                                                C................................                       0.0261        1,250                           33
                                                E................................                       0.0048          570                            3
Flatfish shallow-water                          W................................                       0.0156        1,125                           18
                                                C................................                       0.0598        3,250                          194
                                                E................................                       0.0126          730                            9
Arrowtooth flounder                             W................................                       0.0021        1,125                            4
                                                C................................                       0.0309        3,250                          193
                                                E................................                       0.0020          730                            2
Sablefish                                       W trawl gear.....................                       0.0000          122                            0
                                                C trawl gear.....................                       0.0720          295                           21
                                                WYK trawl gear...................                       0.0488           70                            3

[[Page 78737]]

 
Pacific Ocean perch                             W................................                       0.0623          658                           41
                                                C................................                       0.0866        2,072                          179
                                                E................................                       0.0466          595                           28
Shortraker/Rougheye                             W................................                       0.0000           55                            0
                                                C................................                       0.0237          210                            5
                                                E................................                       0.0124          140                            2
Other rockfish                                  W................................                       0.0034           22                            0
                                                C................................                       0.2065          138                           28
                                                E................................                       0.0000           88                            0
Northern rockfish                               W................................                       0.0003          190                            0
                                                C................................                       0.0336          985                           33
Pelagic shelf rockfish                          W................................                       0.0001          128                            0
                                                C................................                       0.0000          870                            0
                                                E................................                       0.0067          375                            3
Thornyhead rockfish                             W................................                       0.0308           90                            3
                                                C................................                       0.0308          210                            6
                                                E................................                       0.0308          198                            6
Demersal shelf rockfish                         SEO..............................                       0.0020           88                            0
Atka mackerel                                   Gulfwide.........................                       0.0309          150                            5
Other species                                   Gulfwide.........................                       0.0090        2,776                           25
--------------------------------------------------------------------------------------------------------------------------------------------------------

    Under the final rule to implement major provisions of the AFA at 
Sec.  679.63(b)(1)(iii), PSC bycatch limits for non-exempt AFA catcher 
vessels in the GOA are based upon the ratio of aggregate retained 
groundfish catch by non-exempt AFA catcher vessels in each PSC target 
category from 1995 through 1997 relative to the retained catch of all 
vessels in that fishery from 1995 through 1997. These amounts are shown 
in Table 3.

 Table 3 - Interim 2003 Non-Exempt AFA Catcher Vessel Prohibited Species Catch (PSC) Limits for the GOA. (Values
                                                   are in mt)
----------------------------------------------------------------------------------------------------------------
                                                      Ratio of 1995-1997
                                                       Non-Exempt AFA CV                       Interim 2003 Non-
           PSC Species                  Fishery        Retained Catch to   Interim 2003 PSC   Exempt AFA Catcher
                                                        Total Retained           Limit         Vessel PSC Limit
                                                             Catch
----------------------------------------------------------------------------------------------------------------
Halibut.........................  shallow water       0.340.............  409...............  139
mortality.......................   complex.           0.070.............  91................  6
                                  deep water complex
----------------------------------------------------------------------------------------------------------------

Directed Fishing Closures

    In accordance with Sec.  679.20(d)(1)(i), if the Regional 
Administrator determines that any allocation or apportionment of a 
target species or ``other species'' category apportioned to a fishery 
or, with respect to pollock and Pacific cod, to an inshore or offshore 
component allocation, will be reached, the Regional Administrator may 
establish a directed fishing allowance for that species or species 
group. If the Regional Administrator establishes a directed fishing 
allowance, and that allowance is or will be reached before the end of 
the fishing year, NMFS will prohibit directed fishing for that species 
or species group in the specified GOA regulatory area or district 
(Sec.  679.20(d)(1)(iii)).
    The Regional Administrator has determined that the following 
interim TAC amounts (Table 4) are necessary as incidental catch to 
support other anticipated groundfish fisheries for the 2003 fishing 
year.

 Table 4 - Interim Incidental Catch Needed to Support Other Directed Fisheries in the GOA in 2003. (Amounts are
                                                     in mt)
----------------------------------------------------------------------------------------------------------------
                           Species                                Regulatory Area      Gear/Component     Amount
----------------------------------------------------------------------------------------------------------------
Atka Mackerel................................................            entire GOA                 all      150
Thornyhead Rockfish..........................................            entire GOA                 all      498
Shortraker Rougheye Rockfish.................................            entire GOA                 all      405
Other Rockfish...............................................            entire GOA                 all      248
Sablefish....................................................            entire GOA               trawl      487
Pollock......................................................            entire GOA        all/offshore        0
----------------------------------------------------------------------------------------------------------------


[[Page 78738]]

    In accordance with Sec.  679.20(d)(1)(i), the Regional 
Administrator establishes the directed fishing allowances for the 
species or species groups in Table 4 as zero. Therefore, in accordance 
with Sec.  679.20(d)(1)(iii), NMFS is immediately prohibiting directed 
fishing for those species, areas, gear types, and components listed in 
Table 4. These closures will remain in effect until superseded by the 
final 2003 harvest specifications.
    The final rule to implement major provisions of the AFA at Sec.  
679.63(b)(iv) will provide for management of AFA catcher vessel 
groundfish harvest limits and PSC bycatch limits using directed fishing 
closures and PSC closures according to procedures set out at Sec.  
679.20(d)(1)(iv) and Sec.  679.21(d)(8). The Regional Administrator has 
determined that in addition to the closures listed in this document, 
many of the non-exempt AFA catcher vessel sideboard amounts listed in 
Table 2 are necessary as incidental catch to support other anticipated 
groundfish fisheries for the 2003 fishing year. In accordance with 
Sec.  679.20(d)(1)(iv), the Regional Administrator establishes these 
amounts as directed fishing allowances. The Regional Administrator 
finds that many of these directed fishing allowances will be reached 
before the end of the year. Therefore, in accordance with Sec.  
679.20(d)(1)(iii), NMFS is prohibiting directed fishing by non-exempt 
AFA catcher vessels in the GOA for the species and specified areas in 
Table 5. These closures will remain in effect until superseded by the 
final 2003 harvest specifications.

 Table 5 - Interim 2003 Non-Exempt AFA Catcher Vessel Sideboard Directed
                       Fishing Closures in the GOA
------------------------------------------------------------------------
                                                   Regulatory
                    Species                       Area/District    Gear
------------------------------------------------------------------------
Pacific cod....................................           E GOA      all
Deep-water flatfish............................     W and E GOA      all
Rex sole.......................................     W and E GOA      all
Flathead sole..................................           E GOA      all
Shallow-water flatfish.........................           E GOA      all
Arrowtooth flounder............................           E GOA      all
Pacific ocean perch............................           W GOA      all
Northern rockfish..............................           W GOA      all
Pelagic shelf rockfish.........................      entire GOA      all
Demersal shelf rockfish........................    SEO District      all
Other species..................................      entire GOA      all
------------------------------------------------------------------------

Classification

    This action is necessary to establish interim harvest limits for 
the GOA groundfish fisheries for the 2003 fishing year. The groundfish 
fisheries in the GOA are governed by Federal regulations at 50 CFR part 
679 that require NMFS, after consultation with the Council, to publish 
and solicit public comments on proposed annual TACs and PSC allowances.
    This action is authorized under 50 CFR 679.20 and is exempt from 
review under Executive Order 12866.
    The Assistant Administrator for Fisheries, NOAA, finds that the 
need to establish interim TACs and related management measures for 
groundfish fisheries in the GOA, effective January 1, 2003, makes it 
impracticable and contrary to the public interest to provide prior 
notice and opportunity for public comment on this action. Because this 
action is a final action by NMFS, analyses and consultations required 
under the Magnuson-Stevens Act, the National Environmental Policy Act 
(NEPA) and the Endangered Species Act (ESA) must be completed and 
considered by the agency prior to promulgation of the interim harvest 
specifications. However, the information on which the EA and the 
section 7 consultations are based was not available until early 
December 2002. The Council's GOA and BSAI groundfish Plan Teams met in 
mid-November 2002 to develop stock assessment reports and to provide 
recommendations on acceptable biological catch (ABC) levels for the 
upcoming fishing year. The stock assessment reports and ABC 
recommendations developed by the Plan Teams in mid-November incorporate 
scientific and fishery data from the current science, as required by 
national standard 2 of the Magnuson-Stevens Act. The Plan Teams 
prepared the final reports during the last two weeks of November. The 
EA and section 7 consultations were then based on these final reports.
    Regulations at 50 CFR 679.20(c)(2) require NMFS to specify interim 
harvest specifications to be effective January 1 and remain in effect 
until superseded by the final specifications. Without interim 
specifications in effect on January 1, the groundfish fisheries would 
not be able to open, resulting in unnecessary closures and disruption 
within the fishing industry. Because NMFS cannot publish interim 
specifications until all analyses and consultations are complete, and 
those analyses and consultations were not completed until early 
December 2002, there is not sufficient time to provide the public with 
an opportunity to comment on the interim specifications before they 
must be in place on January 1. Additionally, the proposed 2003 GOA 
groundfish harvest specifications, on which the interim specifications 
are based, provide the opportunity for public comment. Given these 
reasons, good cause exists under 5 U.S.C. 553(b)(B) to waive prior 
notice and opportunity for public comment on this action.
    Likewise, the Assistant Administrator for Fisheries, NOAA, finds 
that the need to establish interim TACs and other management measures 
in the GOA effective on January 1, 2003, provides good cause to waive 
the 30-day delay in the effective date of the interim specifications. 
In order for the GOA groundfish fishing season to begin on January 1, 
50 CFR 679.20(c)(2) requires NMFS to establish interim harvest 
specifications to be effective on January 1 and to remain in effect 
until superseded by the filing of final harvest specifications with the 
Office of the Federal Register. NMFS interprets regulations at Sec.  
679.20(c)(2) as requiring the filing of interim specifications with the 
Office of the Federal Register before any harvest of groundfish is 
authorized. Without interim specifications in effect on January 1, the 
groundfish fisheries would not be able to open on that date, resulting 
in unnecessary closures and disruption within the fishing industry. 
Based on these reasons, the need to publish these measures in a timely 
manner constitutes good cause under authority contained in 5 U.S.C. 
553(d)(3) to waive the 30-day delay in effective date.
    Because these interim specifications are not required to be issued 
with prior notice and opportunity for public comment, the analytical 
requirements of the Regulatory Flexibility Act do not apply. 
Consequently, no regulatory flexibility analysis has been prepared for 
this action.

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

    Dated: December 16, 2002.
Rebecca Lent,
Deputy Assistant Administrator for Regulatory Programs, National Marine 
Fisheries Service.
[FR Doc. 02-32432 Filed 12-24-02; 8:45 am]
BILLING CODE 3510-22-S