[Federal Register Volume 67, Number 248 (Thursday, December 26, 2002)]
[Rules and Regulations]
[Pages 78739-78750]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-32433]



[[Page 78739]]

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

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 679

[Docket No. 021212307-2307-01; I.D. 110602C]


Fisheries of the Exclusive Economic Zone Off Alaska; Bering Sea 
and Aleutian Islands Area; 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, Community Development Quota (CDQ) 
reserve amounts, American Fisheries Act (AFA) pollock allocations and 
sideboard amounts, and prohibited species catch (PSC) allowances and 
prohibited species quota (PSQ) reserves for the groundfish fishery of 
the Bering Sea and Aleutian Islands management area (BSAI). 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 fishing industry. The 
intended effect is to conserve and manage the groundfish resources in 
the BSAI.

EFFECTIVE DATE: The Interim Specifications are effective from 0001 
hours, Alaska local time (A.l.t.), January 1, 2003, until the effective 
date of the Final 2003 Harvest Specifications for BSAI 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, West 4th Avenue, Suite 306, Anchorage, AK 99510-
2252 (907-271-2809).

FOR FURTHER INFORMATION CONTACT: Mary Furuness, 907-586-7228, or email 
[email protected].

SUPPLEMENTARY INFORMATION:

Background

    Federal regulations at 50 CFR part 679 implementing the Fishery 
Management Plan for the Groundfish Fishery of the Bering Sea and 
Aleutian Islands Area (FMP) govern the groundfish fisheries in the 
BSAI. The North Pacific Fishery Management Council (Council) prepared 
the FMP, and NMFS approved it under the Magnuson-Stevens Fishery 
Conservation and Management 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 a proposed total ABC of 3,176,100 mt and a 
proposed total TAC of 1,998,540 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), NMFS published in the Federal Register 
proposed harvest specifications for groundfish and associated 
management measures in the BSAI for the 2003 fishing year (67 FR 76362, 
December 12, 2002). That document contains a detailed discussion of the 
proposed 2003 TACs, initial TACs (ITACs) and related apportionments, 
CDQ reserves, ABC amounts, overfishing levels, PSC allowances, PSQ 
reserve amounts, and associated management measures of the BSAI 
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(b)(1)(i) require that 15 percent of the 
TAC for each target species or species group, except for pollock and 
the hook-and-line and pot gear allocation of sablefish, be placed in a 
non-specified reserve. The AFA supersedes this provision for pollock by 
requiring that the TAC for this species be fully allocated among the 
CDQ program, incidental catch allowance (ICA), and inshore, catcher/
processor, and mothership directed fishery allowances.
    Regulations at Sec.  679.20(b)(1)(iii) require that one-half of 
each TAC amount placed in the non-specified reserve, with the exception 
of squid, be allocated to the groundfish CDQ reserve and that 20 
percent of the hook-and-line and pot gear allocation of sablefish be 
allocated to the fixed gear sablefish CDQ reserve. Section 206(a) of 
the AFA requires that 10 percent of the pollock TAC be allocated to the 
pollock CDQ reserve. With the exception of the hook-and-line and pot 
gear sablefish CDQ reserve, the CDQ reserves are not further 
apportioned by gear. Regulations at Sec.  679.21(e)(1)(i) also require 
that 7.5 percent of each PSC limit, with the exception of herring, be 
withheld as a PSQ reserve for the CDQ fisheries. Regulations governing 
the management of the CDQ and PSQ reserves are set forth at Sec. Sec.  
679.30 and 679.31.
    Regulations at Sec.  679.20(c)(2) provide that interim 
specifications become effective at 0001 hours, A.l.t., January 1, and 
remain in effect until superseded by the final groundfish harvest 
specifications. The regulations that will be effective with the final 
rule to implement the Steller sea lion protection measures further 
provide that the interim specifications will be established as one-
fourth of each proposed ITAC amount and apportionment thereof (not 
including the first seasonal allowance of pollock, Pacific cod and Atka 
mackerel), one-fourth of each proposed PSQ reserve and PSC allowance 
established under Sec.  679.21, and the first proposed seasonal 
allowance of pollock, Pacific cod and Atka mackerel TAC. As stated in 
the proposed specifications publication (67 FR 76362, December 12, 
2002), no harvest of groundfish is authorized prior to the effective 
date of this action implementing the interim specifications.

Interim 2003 BSAI Groundfish Harvest Specifications

    Table 1 provides interim TAC and CDQ amounts and apportionments 
thereof. Regulations at Sec.  679.20(c)(2)(ii) do not provide for an 
interim specification for the non-trawl sablefish CDQ reserve or for 
sablefish managed under the Individual Fishing Quota program. As a 
result, fishing for the non-trawl allocation of CDQ sablefish and 
sablefish harvested with fixed gear is prohibited until the effective 
date of the Final 2003 Groundfish Specifications.
BILLING CODE 3510-22-S

[[Page 78740]]

[GRAPHIC] [TIFF OMITTED] TR26DE02.000


[[Page 78741]]


[GRAPHIC] [TIFF OMITTED] TR26DE02.001

BILLING CODE 3510-22-C

[[Page 78742]]

Interim Allocation of PSC Limits for Crab, Halibut, and Herring

    Under Sec.  679.21(e), annual PSC limits are specified for red king 
crab, Chionoecetes bairdi Tanner crab, and C. opilio crab in applicable 
Bycatch Limitation Zones (see Sec.  679.2) of the Bering Sea subarea, 
and for Pacific halibut and Pacific herring throughout the BSAI. 
Regulations under Sec.  679.21(e) authorize the apportionment of each 
PSC limit into PSC allowances for specified fishery categories. Under 
Sec.  679.21(e)(1)(i), 7.5 percent of each PSC limit specified for 
halibut, crab, and salmon is reserved as a PSQ reserve for use by the 
groundfish CDQ program.
    Regulations at Sec.  679.20(c)(2)(ii) provide that one-fourth of 
each proposed PSQ reserve and PSC allowance be made available on an 
interim basis for harvest at the beginning of the fishing year, until 
superseded by the final harvest specifications. The PSQ reserves and 
fishery specific interim PSC allowances for halibut and crab are 
specified in Table 2 and are in effect at 0001 hours, A.l.t., January 
1, 2003.

     TABLE 2. INTERIM 2003 PROHIBITED SPECIES BYCATCH ALLOWANCES FOR THE BSAI TRAWL AND NON-TRAWL FISHERIES.
                                           Prohibited Species and Zone
----------------------------------------------------------------------------------------------------------------
                                                                       Red King              C. bairdi (animals)
                                                 Halibut    Herring      Crab    C. opilio ---------------------
                TRAWL FISHERIES                 mortality  (mt) BSAI  (animals)  (animals)
                                                (mt) BSAI             Zone 1\1\   COBLZ\2\  Zone 1\1\  Zone 2\1\
----------------------------------------------------------------------------------------------------------------
Yellowfin sole                                        222         35      4,166    694,245     85,211    447,115
Rocksole/oth.flat/flat sole\3\                        195          5     14,946    242,283     91,330    149,039
RKCSS\3\                                        .........  .........      5,231  .........  .........  .........
Turbot/arrowtooth/sablefish\4\                  .........          2  .........     10,060  .........  .........
Rockfish                                        .........  .........  .........  .........  .........  .........
      July 1 - December 31....................         17          2  .........     10,059  .........      2,747
Pacific cod                                           359          5      2,916     31,184     45,778     81,044
Midwater trawl pollock                          .........        296  .........  .........  .........  .........
Pollock/Atka/other\5\                                  58         37        404     18,107      4,306      6,868
      TOTAL TRAWL PSC.........................        851        382     22,432  1,005,938    226,625    686,813
                                               NON-TRAWL FISHERIES
Pacific cod - Total                                   193  .........  .........  .........  .........  .........
Other non-trawl - Total                                14  .........  .........  .........  .........  .........
Groundfish pot & jig                               exempt  .........  .........  .........  .........  .........
Sablefish hook & line                              exempt  .........  .........  .........  .........  .........
      TOTAL NON-TRAWL PSC.....................        207  .........  .........  .........  .........  .........
      PSQ RESERVE\6\..........................         86  .........      1,818     81,562     18,375     55,687
      GRAND TOTAL.............................      1,144        382     24,250  1,087,500    245,000    742,500
----------------------------------------------------------------------------------------------------------------
\1\Refer to Sec.   679.2 for definitions of areas.
\2\C. opilio Bycatch Limitation Zone. Boundaries are defined at Sec.   679.21 (e)(7)(iv)(B).
\3\The Council at its October 2002 meeting proposed limiting red king crab for trawl fisheries within the Red
  King Crab Savings Subarea (RKCSS) to 35 percent of the total allocation to the rock sole, flathead sole, and
  other flatfish fishery category (Sec.   679.21(e)(3)(ii)(B)).
\4\Greenland turbot, arrowtooth flounder, and sablefish fishery category.
\5\Pollock other than pelagic trawl pollock, Atka mackerel, and ``other species'' fishery category.
\6\With the exception of herring, 7.5 percent of each PSC limit is allocated to the multi-species CDQ program as
  PSQ reserve. The PSQ reserve is not allocated by fishery, gear or season.

Directed Fishing Closures

    In accordance with Sec.  679.20(d)(1)(i), if the Regional 
Administrator determines that any allocation or apportionment of a 
target species or ``other species'' category has been or will be 
reached, the Regional Administrator may establish a directed fishing 
allowance for that species or species group. If the Regional 
Administrator establishes a directed fishing allowance, and that 
allowance is or will be reached before the end of the fishing year, 
NMFS will prohibit directed fishing for that species or species group 
in the specified subarea or district (Sec.  697.20(d)(1)(iii)). 
Similarly, under Sec.  679.21(e), if the Regional Administrator 
determines that a fishery category's bycatch allowance of halibut, red 
king crab, or C. bairdi Tanner crab for a specified area has been 
reached, the Regional Administrator will prohibit directed fishing for 
each species in that category in the specified area.
    The Regional Administrator has determined that the following 
remaining allocation amounts will be necessary as incidental catch to 
support other anticipated groundfish fisheries for the 2003 fishing 
year:

Bogoslof District:                                               .......
  Pollock......................................................    90 mt
Aleutian Islands subarea:                                        .......
  Pollock......................................................   900 mt
  Northern rockfish............................................   996 mt
  Shortraker/rougheye rockfish.................................   194 mt
  ``Other rockfish''...........................................   144 mt
Bering Sea subarea:                                              .......
  Pacific ocean perch..........................................   557 mt
  ``Other rockfish''...........................................    77 mt
  Northern rockfish............................................     3 mt
  Shortraker/rougheye rockfish.................................    25 mt
------------------------------------------------------------------------

    Consequently, in accordance with Sec.  679.20(d)(1)(i), the 
Regional Administrator establishes the directed fishing allowances for 
the above species or species groups as zero.
    Therefore, in accordance with Sec.  679.20(d)(1)(iii), NMFS is 
immediately prohibiting directed fishing for these species in the 
specified areas and these closures will remain in effect from 0001 hrs, 
A.l.t., January 1, 2003, until superseded by the Final 2003 Harvest 
Specifications for BSAI Groundfish.
    In addition, the BSAI Zone 1 annual red king crab allowance 
specified for the trawl rockfish fishery (Sec.  679.21(e)(3)(iv)(D)) is 
0 mt and the BSAI first seasonal halibut bycatch allowance specified 
for the trawl rockfish fishery is 0 mt. The BSAI annual halibut bycatch 
allowance specified for the trawl Greenland turbot/arrowtooth flounder/
sablefish fishery categories is 0 mt (Sec.  679.21(e)(3)(iv)(C)). 
Therefore, in accordance with Sec.  679.21(e)(7)(ii) and (v), NMFS is 
prohibiting directed fishing for rockfish by vessels using trawl gear 
in Zone 1 of the BSAI and directed fishing for Greenland turbot/
arrowtooth flounder/

[[Page 78743]]

sablefish by vessels using trawl gear in the BSAI from 0001 hrs., 
A.l.t., January 1, 2003, until superseded by the final 2003 harvest 
specifications for BSAI groundfish. NMFS is also prohibiting directed 
fishing for rockfish outside Zone 1 in the BSAI until 1200 hrs, A.l.t, 
July 1, 2003.
    While these closures are in effect, the maximum retainable amounts 
at Sec.  679.20(e) and (f) apply at any time during a fishing trip. 
These closures to directed fishing are in addition to closures and 
prohibitions found in regulations at 50 CFR part 679. Refer to Sec.  
679.2 for definitions of areas. In the BSAI, ``Other rockfish'' 
includes Sebastes and Sebastolobus species except for Pacific ocean 
perch, shortraker, rougheye, and northern rockfish.

Bering Sea Subarea Inshore Pollock Allocations

    Regulations that will be effective with the final rule to implement 
major provisions of the AFA at Sec.  679.4 set forth procedures for AFA 
inshore catcher vessel pollock cooperatives to apply for and receive 
cooperative fishing permits and inshore pollock allocations. Table 3 
lists the interim pollock allocations to the seven inshore catcher 
vessel pollock cooperatives based on 2002 coop allocations and NMFS' 
assumption, at this date, that the cooperatives membership will remain 
unchanged in 2003. Allocations for cooperatives and vessels not 
participating in cooperatives are not made for the AI subarea because 
the AI subarea has been closed to directed fishing for pollock. These 
allocations may be revised in the final 2003 BSAI groundfish harvest 
specifications pending adjustments to cooperatives membership for the 
2003 fishing year.

      TABLE 3. INTERIM 2003 BERING SEA SUBAREA INSHORE COOPERATIVE
                              ALLOCATIONS.
------------------------------------------------------------------------
                                     Sum of
                                     member      Percentage
   Cooperative name and member      vessel's     of inshore    Interim
             vessels                official       sector    cooperative
                                      catch      allocation   allocation
                                  histories\1\
------------------------------------------------------------------------
Akutan Catcher Vessel                  245,527      28.085%      72,068
 Association
ALDEBARAN, ARCTIC EXPLORER,       ............  ...........  ...........
 ARCTURUS, BLUE FOX, CAPE
 KIWANDA, COLUMBIA, DOMINATOR,
 EXODUS, FLYING CLOUD, GOLDEN
 DAWN, GOLDEN PISCES, HAZEL
 LORRAINE, INTREPID EXPLORER,
 LESLIE LEE, LISA MELINDA,
 MAJESTY, MARCY J, MARGARET LYN,
 NORDIC EXPLORER, NORTHERN
 PATRIOT, NORTHWEST EXPLORER,
 PACIFIC RAM, PACIFIC VIKING,
 PEGASUS, PEGGY JO,
 PERSEVERANCE, PREDATOR, RAVEN,
 ROYAL AMERICAN, SEEKER,
 SOVEREIGNTY, TRAVELER, VIKING
 EXPLORER
Arctic Enterprise Association           36,807       4.210%      10,804
BRISTOL EXPLORER, OCEAN           ............  ...........  ...........
 EXPLORER, PACIFIC EXPLORER
Northern Victor Fleet                   73,656       8.425%      21,620
 Cooperative
ANITA J, COLLIER BROTHERS,        ............  ...........  ...........
 COMMODORE, EXCALIBUR II,
 GOLDRUSH, HALF MOON BAY, MISS
 BERDIE, NORDIC FURY, PACIFIC
 FURY, POSEIDON, ROYAL ATLANTIC,
 SUNSET BAY, STORM PETREL
Peter Pan Fleet Cooperative             18,693       2.138%       5,487
AMBER DAWN, AMERICAN BEAUTY,      ............  ...........  ...........
 ELIZABETH F, MORNING STAR,
 OCEAN LEADER, OCEANIC,
 PROVIDIAN, TOPAZ, WALTER N
Unalaska Cooperative                   106,737      12.209%      31,330
ALASKA ROSE, BERING ROSE,         ............  ...........  ...........
 DESTINATION, GREAT PACIFIC,
 MESSIAH, MORNING STAR, MS AMY,
 PROGRESS, SEA WOLF, VANGUARD,
 WESTERN DAWN
UniSea Fleet Cooperative               201,566      23.056%      59,164
ALSEA, AMERICAN EAGLE, ARGOSY,    ............  ...........  ...........
 AURIGA, AURORA, DEFENDER, GUN-
 MAR, NORDIC STAR, PACIFIC
 MONARCH, SEADAWN, STARFISH,
 STARLITE
Westward Fleet Cooperative             189,544      21.681%      55,636
A.J., ALASKAN COMMAND, ALYESKA,   ............  ...........  ...........
 ARCTIC WIND, CAITLIN ANN,
 CHELSEA K, DONA MARTITA, FIERCE
 ALLEGIANCE, HICKORY WIND, OCEAN
 HOPE 3, PACIFIC KNIGHT, PACIFIC
 PRINCE, STARWARD, VIKING,
 WESTWARD I
Open access AFA vessels                  1,707       0.195%         501
Total inshore allocation               874,238         100%     256,608
------------------------------------------------------------------------
\1\According to regulations that will be effective with the final rule
  to implement major provisions of the AFA at 679.62(e)(1) the
  individual catch history for each vessel is equal to the vessel's best
  2 of 3 years inshore pollock landings from 1995 through 1997 and
  includes landings to catcher/processors for vessels that made 500 or
  more mt of landings to catcher/processors from 1995 through 1997.

    According to regulations that will be effective with the final rule 
to implement major provisions of the AFA at Sec.  679.20(a)(5)(i)(A), 
NMFS must subdivide the inshore allocation into allocations for 
cooperatives and vessels not fishing in a cooperative (i.e., the open 
access sector). In addition, under Sec.  679.22(a)(11)(vii), NMFS must 
establish harvest limits inside the SCA and provide a set-aside so that 
catcher vessels less than or equal to 99 ft (30.2 m) LOA have the 
opportunity to operate entirely within the SCA during the A season. 
Accordingly, Table 4 lists the interim apportionment of the Bering Sea 
subarea inshore pollock allocation into allocations for vessels fishing 
in a cooperative and for vessels not participating in a cooperative and 
establishes a cooperative-sector SCA set-aside for AFA catcher vessels 
less than or equal to 99 ft (30.2 m) LOA. The SCA set-aside for sector 
catcher vessels less than or equal to 99 ft (30.2 m) LOA that are not 
participating in a cooperative will be established inseason based on 
actual participation levels and is not included in Table 4. These 
allocations may be revised in the final 2003 BSAI groundfish harvest 
specifications pending adjustments to cooperatives membership for the 
2003 fishing year.

[[Page 78744]]



   TABLE 4. INTERIM 2003 BERING SEA SUBAREA POLLOCK ALLOCATIONS TO THE
   COOPERATIVE AND OPEN ACCESS SECTORS OF THE INSHORE POLLOCK FISHERY.
                      AMOUNTS ARE EXPRESSED IN MT.
------------------------------------------------------------------------
                                                               A season
                                                 A/B season     inside
                                                    TAC         SCA\1\
------------------------------------------------------------------------
Cooperative sector                              ...........  ...........
Vessels  99 ft                               n/a      154,025
Vessels <= 99 ft                                        n/a       25,250
Total                                               256,107      179,275
Open access sector                                      501       351\2\
Total inshore                                       256,608      179,626
------------------------------------------------------------------------
\1\Steller sea lion conservation area established at Sec.
  679.22(a)(11)(vii).
\\\2\ SCA limitations for vessels less than or equal to 99 ft LOA that
  are not participating in a cooperative will be established on an
  inseason basis in accordance with Sec.   679.22(a)(11)(vii)(C)(2)
  which specifies that ``the Regional Administrator will prohibit
  directed fishing for pollock by vessels catching pollock for
  processing by the inshore component greater than 99 ft (30.2 m) LOA
  before reaching the inshore SCA harvest limit during the A season to
  accommodate fishing by vessels less than or equal to 99 ft (30.2 m)
  inside the SCA for the duration of the inshore seasonal opening.''

Unrestricted AFA Catcher/Processor Sideboards

    In 2003, the formula for setting AFA catcher/processor sideboard 
limits for non-pollock groundfish will change from calculations made 
for sideboard limits in 2000 through 2002. The basis for these 
sideboard limits is described in detail in the Proposed Rule for 
Amendments 61/61/13/8 to Implement Major Provisions of the AFA (66 FR 
65028, December 17, 2001). The interim 2003 catcher/processor sideboard 
limits are set out in Table 5 below.
    All non-pollock groundfish that is harvested by unrestricted AFA 
catcher/processors, whether as targeted catch or incidental catch, will 
be deducted from the interim sideboard limits in Table 5. However, non-
pollock groundfish that is delivered to listed catcher/processors by 
catcher vessels will not be deducted from the interim 2003 sideboard 
limits for the listed catcher/processors.
BILLING CODE 3510-22-S

[[Page 78745]]

[GRAPHIC] [TIFF OMITTED] TR26DE02.002

BILLING CODE 3510-22-C
    Regulations that will be effective with the final rule to implement 
major provisions of the AFA at Sec.  679.63(a)(2) establish a formula 
for PSC sideboard limits for unrestricted AFA catcher/processors. These 
amounts are equivalent to the percentage of prohibited species bycatch 
limits harvested in the non-pollock groundfish fisheries by the AFA 
catcher/processors listed in subsection 208(e) and section 209 of the 
AFA from 1995 through 1997. Prohibited species amounts harvested by 
these catcher/processors in BSAI non-pollock groundfish fisheries from 
1995 through 1997 are shown in Table 6. These data were used to 
calculate the relative amount of PSC limits harvested by pollock 
catcher/processors, which were then used to determine the PSC sideboard 
limits for unrestricted AFA catcher/processors in the 2003 non-pollock 
groundfish fisheries.
    PSC that is caught by unrestricted AFA catcher/processors 
participating in any non-pollock groundfish fishery listed in Table 6 
will accrue against the interim 2003 PSC sideboard limits for the 
listed catcher/processors. Regulations that will be effective with the 
final rule to implement major provisions of the AFA at Sec.  
679.21(e)(3)(v), provide NMFS authority to close directed fishing for 
non-pollock groundfish for unrestricted AFA catcher/processors once an 
interim 2003 PSC limit listed in Table 6 is reached.
    Crab or halibut PSC that is caught by unrestricted AFA catcher/
processors while fishing for pollock will accrue against the bycatch 
allowances annually specified for either the midwater pollock or the 
pollock/Atka mackerel/other species fishery categories under Sec.  
679.21(e)(3)(iv).

[[Page 78746]]



      TABLE 6. INTERIM 2003 UNRESTRICTED BSAI AFA CATCHER/PROCESSOR PROHIBITED SPECIES SIDEBOARD LIMITS.\1\
----------------------------------------------------------------------------------------------------------------
                                                              1995 - 1997                 Interim
                                                ---------------------------------------   2003 PSC     Interim
                  PSC species                                                            available     2003 C/P
                                                  PSC catch    Total PSC      Ratio       to trawl    Sideboard
                                                                                            CPs         limit
----------------------------------------------------------------------------------------------------------------
Halibut mortality                                        955       11,325        0.084          851           71
Red king crab                                          3,098      473,750        0.007       22,432          157
C. opilio                                          2,323,731   15,139,178        0.153    1,005,938      153,908
C. bairdi                                        ...........  ...........  ...........  ...........  ...........
      Zone 1...................................      385,978    2,750,000        0.140      226,625       31,728
      Zone 2...................................      406,860    8,100.000        0.050      686,813       34,341
----------------------------------------------------------------------------------------------------------------
\1\ Halibut amounts are in metric tons of halibut mortality. Crab amounts are in numbers of animals.

AFA Catcher Vessel Sideboards

    Regulations that will be effective with the final rule to implement 
major provisions of the AFA at Sec.  679.63(b) establish a formula for 
setting AFA catcher vessel groundfish and PSC sideboard limits for the 
BSAI. The basis for these sideboard limits was recommended by the 
Council and is described in detail in the Proposed Rule for Amendments 
61/61/13/8 to Implement Major Provisions of the AFA (66 FR 65028, 
December 17, 2001). For 2002, NMFS revised the 2001 ratio of 1995 to 
1997 AFA catcher vessel retained catch to the 1995 to 1997 TAC. These 
revisions are based on Alaska Department of Fish and Game editing of 
fish tickets and NMFS editing of observer catch data and weekly 
production reports. The interim 2003 AFA catcher vessel sideboard 
limits are shown in Tables 7 and 8.
    All harvests of groundfish sideboard species made by non-exempt AFA 
catcher vessels, whether as targeted catch or incidental catch, will be 
deducted from the interim sideboard limits listed in Table 7.
BILLING CODE 3510-22-S

[[Page 78747]]

[GRAPHIC] [TIFF OMITTED] TR26DE02.003

    Regulations that will be effective with the final rule to implement 
major provisions of the AFA at Sec.  679.63(b) establish a formula for 
PSC sideboard limits for AFA catcher vessels. The AFA catcher vessel 
PSC limit for halibut in the BSAI and GOA, and each crab species in the 
BSAI for which a trawl bycatch limit has been established, will

[[Page 78748]]

be a portion of the PSC limit equal to the ratio of aggregate retained 
groundfish catch by AFA catcher vessels in each PSC target category 
from 1995 through 1997 relative to the retained catch of all vessels in 
that fishery from 1995 through 1997. These interim PSC limits for AFA 
catcher vessels are listed in Table 8.
    Halibut and crab PSC that is caught by AFA catcher vessels 
participating in any non-pollock groundfish fishery listed in Table 8 
will accrue against the interim 2003 PSC limits for AFA catcher 
vessels. Regulations that will be effective with the final rule to 
implement major provisions of the AFA at Sec. Sec.  679.21(d)(8) and 
(e)(3)(v) provide authority to close directed fishing for non-pollock 
groundfish for AFA catcher vessels once an interim 2003 PSC limit 
listed in Table 8 for the BSAI is reached. PSC that is caught by AFA 
catcher vessels while fishing for pollock in the BSAI will accrue 
against either the midwater pollock or the pollock/Atka mackerel/other 
species fishery categories.
[GRAPHIC] [TIFF OMITTED] TR26DE02.004

BILLING CODE 3510-22-C

[[Page 78749]]

Sideboard Directed Fishing Closures and AFA Catcher/Processor Sideboard 
Closures

    The Regional Administrator has determined that many of the interim 
AFA catcher/processor sideboard limits listed in Table 5 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 the limits listed in Table 5 as 
directed fishing allowances. The Regional Administrator finds that many 
of these directed fishing allowances will be reached before the end of 
the year. Therefore, in accordance with Sec.  679.20(d)(1)(iii), NMFS 
is prohibiting directed fishing by unrestricted AFA catcher/processors 
for the species in the specified areas set out in Table 9.

 TABLE 9. INTERIM AFA UNRESTRICTED CATCHER/PROCESSOR SIDEBOARD DIRECTED
 FISHING CLOSURES.1 THESE CLOSURES TAKE EFFECT 1200 HRS, A.L.T., JANUARY
20, 2003 AND REMAIN IN EFFECT UNTIL SUPERSEDED BY THE FINAL 2003 HARVEST
                     SPECIFICATIONS FOR GROUNDFISH.
------------------------------------------------------------------------
                                                                   Gear
                        Species                           Area    types
------------------------------------------------------------------------
Sablefish trawl                                            BSAI      all
Greenland turbot                                           BSAI      all
Arrowtooth flounder                                        BSAI      all
Pacific ocean perch                                        BSAI      all
Northern rockfish                                          BSAI      all
Shortraker/Rougheye rockfish                               BSAI      all
Other rockfish                                             BSAI      all
Squid                                                      BSAI      all
Other species                                              BSAI      all
------------------------------------------------------------------------
\1\Maximum retainable percentages may be found in Table 11 to 50 CFR
  part 679.

AFA Catcher Vessel Sideboard Closures

    The Regional Administrator has determined that many of the interim 
AFA catcher vessel sideboard limits listed in Table 7 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 the limits listed in Table 7 as 
directed fishing allowances. The Regional Administrator finds that many 
of these directed fishing allowances will be reached before the end of 
the year. Therefore, in accordance with Sec.  679.20(d)(1)(iii), NMFS 
is prohibiting directed fishing by non-exempt AFA catcher vessels for 
the species in the specified areas set out in Table 10.

     TABLE 10. INTERIM AFA CATCHER VESSEL SIDEBOARD DIRECTED FISHING
  CLOSURES.\1\ THESE CLOSURES TAKE EFFECT 1200 HRS, A.L.T., JANUARY 20,
  2003 AND REMAIN IN EFFECT UNTIL SUPERSEDED BY THE FINAL 2003 HARVEST
                     SPECIFICATIONS FOR GROUNDFISH.
------------------------------------------------------------------------
                                                                   Gear
                        Species                           Area    types
------------------------------------------------------------------------
Pacific cod                                                BSAI      all
Sablefish                                                  BSAI      all
Atka mackerel                                              BSAI      all
Greenland Turbot                                           BSAI      all
Arrowtooth flounder                                        BSAI      all
Pacific ocean perch                                        BSAI      all
Northern rockfish                                          BSAI      all
Shortraker/Rougheye rockfish                               BSAI      all
Other rockfish                                             BSAI      all
Squid                                                      BSAI      all
Other species                                              BSAI      all
------------------------------------------------------------------------
\1\Maximum retainable percentages may be found in Table 11 to 50 CFR
  part 679.

Classification

    This action is necessary to establish interim harvest limits for 
the BSAI groundfish fisheries for the 2003 fishing year. The groundfish 
fisheries in the BSAI are governed by Federal regulations at 50 CFR 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 BSAI, 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 BSAI and GOA 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 fishing year and enable 
NMFS to base this rulemaking on the best available 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 could not be 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 BSAI 
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 BSAI effective on January 1, 2003, provides good cause to waive 
the 30-day delay in effective date of the interim specifications. In 
order for the BSAI 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

[[Page 78750]]

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. 02-32433 Filed 12-24-02; 8:45 am]
BILLING CODE 3510-22-S