[Federal Register Volume 68, Number 1 (Thursday, January 2, 2003)]
[Rules and Regulations]
[Pages 204-236]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-32844]



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Part V





Department of Commerce





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National Oceanic and Atmospheric Administration



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15 CFR Part 902

50 CFR Part 679



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

  Federal Register / Vol. 68, No. 1 / Thursday, January 2, 2003 / Rules 
and Regulations  

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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

[Docket No. 020718172-2303-02; I.D. 051402C]
RIN 0648-AQ08


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: Final rule.

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SUMMARY: NMFS issues a final 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 final 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 management area (BSAI) and the Gulf of Alaska (GOA) in 
accordance with the Magnuson-Stevens Fishery Conservation and 
Management Act (Magnuson-Stevens Act).

DATES: Effective January 1, 2003.

ADDRESSES: Copies of the environmental assessment/regulatory impact 
review/final regulatory flexibility analysis (EA/RIR/FRFA) 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 (2001 BiOp) and regulatory impact review; the 
November 30, 2000, biological opinion (FMP BiOp); the final regulatory 
flexibility analysis; and the 2002 Stock Assessment and Fisheries 
Evaluation report for the BSAI Groundfish Fisheries may be obtained 
from the National Marine Fisheries Service, Alaska Region, P.O. Box 
21668, Juneau, AK 99802-1668. 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, 907-586-7228 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, 
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 106-554 on December 21, 2000, which contained a 1-year 
timetable to phase in the RPA. This year provided the Council with time 
to develop alternative protection 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, which met numerous times throughout 2001 to evaluate 
the best scientific and commercial data available developed, with the 
assistance of NMFS expertise, recommendations for Steller sea lion 
protection measures for the pollock, Pacific cod, and Atka mackerel 
fisheries. More details on the protection measures development process 
and the status of Steller sea lions are contained in the preamble to 
the proposed rule published September 4, 2002 (67 FR 56692).
    In a section 7 consultation under the ESA, NMFS issued a 2001 BiOp, 
which determined that the groundfish fisheries managed under the 
protection measures in this final 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, 
the Council adopted and forwarded to NMFS the protection measures 
contained in this final rule, which are necessary to comply with 
section 7(a)(2) of the ESA. These measures were implemented in 2002 by 
emergency interim rule (67 FR 956, January 8, 2002; amended 67 FR 
21600, May 1, 2002; corrected 67 FR 45671, July 10, 2002, 67 FR 47472, 
July 19, 2002, and 67 FR 64315, October 18, 2002; and extended 67 FR 
34860, May 16, 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 (67 FR 956).

Summary of the 2002 Protection Measures

    For more detailed descriptions by topic, fishery, and area, see the 
preamble to the proposed rule (67 FR 56692, September 4, 2002). Closure 
areas apply to vessels named on a Federal Fisheries Permit issued under 
Sec.  679.4(b) in the groundfish fisheries in the BSAI and GOA 
reporting areas, including the State waters within those reporting 
areas. The following is a summary of protection measures:
    1. Area closures for all groundfish fishing within 0-3 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. Protection measures for the Atka mackerel, pollock, and Pacific 
cod directed fisheries in the waters off Alaska, which include the 
following: (a)

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a modified harvest control rule to prohibit directed fishing when the 
spawning biomass falls below 20 percent of the projected unfished 
spawning 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 Community 
Development Quota (CDQ) groundfish program, (h) revisions to the 
Federal Fisheries Permit requirements, and (i) changes to the catcher 
vessel fishing trip definition.
    3. Aleutian Island subarea protection measures include the 
following: (a) conduct of any pollock directed fishery authorized in 
the Aleutian Islands subarea outside of critical habitat and 
apportionment 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 0-3 nm around all haulouts for Atka mackerel 
and Pacific cod trawl fishing, and (h) closure to Atka mackerel 
critical habitat directed fishing with trawl gear east of 178[deg] W 
long.
     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 0-20 nm to 0-3 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.
    In November 2002, the State of Alaska Board of Fisheries (BOF) 
adopted the same protection measures for the State parallel fisheries, 
with two exceptions in the GOA Pacific cod pot fishery. The ADF&G 
should be contacted for details on Steller sea lion protection measures 
inside State waters. Under the Steller sea lion protection measures 
implemented in 2002 and in this final rule, Caton Island and Cape 
Barnabas are closed from 0-3 nm to Pacific cod fishing with pot gear by 
vessels named on a Federal Fisheries Permit issued under 50 CFR 
679.4(b). The State did not adopt these closures. In October 2002, the 
Council recommended to open waters from 0-3 nm around Cape Barnabas and 
Caton Island to directed Pacific cod pot fishing by vessels named on a 
Federal Fisheries Permit. Opening these areas for the Pacific cod pot 
fishery will ensure consistency between State and Federal groundfish 
fisheries regulations and prevent unnecessary constraint on the Pacific 
cod pot fishery. NMFS will publish a notice of proposed rulemaking 
proposing the opening of these areas in early 2003.

Changes to the Steller Sea Lion Protection Measures From the Proposed 
Rule

    The notice of proposed rulemaking explained that NMFS would use CDQ 
catch reports to determine when catch limits have been reached, when 
area closures should occur, and how pollock catch should be accounted 
for in the groundfish CDQ fisheries. See 67 FR 56698, column 1 
(September 4, 2002). In order to use the CDQ catch reports to manage 
the CDQ fisheries as proposed, NMFS must be able to assign reported CDQ 
catch to the reporting vessels' target fisheries. However, the proposed 
rule text omitted a necessary provision specifically requiring vessels 
participating in CDQ fisheries to indicate their intended target 
species on the CDQ catch reports submitted to NMFS. This omission is 
corrected in this final rule at Sec.  679.5(n)(2)(iii)(B)(4). This 
requirement was implemented by emergency interim rule in 2002 (67 FR 
956, January 8, 2002) and was included in the Paperwork Reduction Act 
clearance submission prepared for the proposed rule.
    The notice of proposed rulemaking specified that any vessel using 
pot, hook-and-line, or trawl gear in directed fisheries for Atka 
mackerel, Pacific cod, or pollock would have to register with NMFS and 
obtain endorsements for these directed fisheries on the vessel's 
Federal Fisheries Permit (FFP). A vessel would be prohibited from 
directed fishing for Atka mackerel, Pacific cod, or pollock without an 
endorsed FFP as described above. See 67 FR 56698, column 2, September 
4, 2002. Although this language published in the proposed rule clearly 
indicates that the endorsement requirement and prohibition should apply 
only to vessels using pot, hook-and-line, or trawl gear, the proposed 
rule text would erroneously apply the prohibition to vessels using any 
type of gear. This error is corrected in this final rule at Sec.  
679.7(a)(1)(ii) by limiting this prohibition only to vessels using pot, 
hook-and-line, or trawl gear.
    The proposed rule did not specify a first seasonal allowance of 
Pacific cod that would be available for harvest as an interim harvest 
specification at the beginning of a fishing year. Interim harvest 
specifications are established by regulations at Sec.  679.20(c) to 
manage the annual fisheries during the period prior to the effective 
date of the final annual harvest specifications, which typically are 
not published until February or March. Pollock, Atka mackerel, and 
Pacific cod fisheries yield high economic value in the period from 
January through March because of the quality of the fish and high catch 
per unit of effort on spawning aggregations.
    The interim specifications for pollock and Atka mackerel are 
specified by regulations as the first seasonal allowances for these 
species proposed in the annual notice of proposed harvest 
specifications. Although the proposed Steller sea lion protection 
measures explained that 60 percent of the Pacific cod TAC is allocated 
to the A season beginning in January each year (see 67 FR 56701, Table 
2, September 4, 2002), the proposed rule text does not specifically 
make this first seasonal allowance of Pacific cod available for harvest 
under the interim specifications. This omission is corrected in the 
final rule at Sec. Sec.  679.20(c)(2) and 679.20(c)(2)(ii)(B) by 
specifying that the interim harvest specification for Pacific

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cod fisheries will be the first seasonal allowance of Pacific cod 
proposed in the annual notice of proposed harvest specifications. A 
similar omission relating to the CDQ Atka mackerel and CDQ Pacific cod 
fisheries is corrected at Sec.  679.20(c)(2)(ii)(B) in the final rule. 
These changes are necessary to achieve temporal dispersion of the 
pollock, Atka mackerel, and Pacific cod fisheries, as described in the 
notice of proposed rulemaking implementing the Steller sea lion 
protection measures.
    In Sec.  679.20(d)(4), the term ``biomass'' is changed to 
``spawning biomass'' to clarify the type of biomass that is considered 
in the harvest control rule.
    Text in Sec.  679.22 is changed to clarify application of closure 
areas. The term ``federally permitted vessels'' is replaced with ``by 
vessels named on a Federal Fisheries Permit issued under Sec.  
679.4(b)''. NMFS may issue a number of different permits to owners of 
vessels for fishing activities in the BSAI and GOA. The permits are 
issued to an owner, and a vessel is named on the permit. This change 
will identify the vessels, and the type of permitting that is affected 
by the Steller sea lion protection measures, thereby reducing 
confusion.
    Footnote 4 to Table 5 is changed in the final rule from the 
proposed rule to clarify the location of waters closed to pot and hook-
and-line directed fishing for Pacific cod. Closures for these gear 
types are applicable to critical habitat in waters east of 173[deg] W 
long. Amlia I./East and Tanadak I. (Amlia) haulouts are located at 
nearly 173[deg] W long., and Footnote 4 to Table 5 in the final rule is 
corrected to indicate that the 20-nautical mile (nm) closures for these 
haulouts applies only to waters east of 173[deg] W long., as described 
in the preamble to the proposed rule.
    The regulatory text in the emergency interim rule implementing 2002 
Steller sea lion protection measures did not include applicability date 
language for Tables 21, 22, 23, and 24. Without applicability date 
language, the tables appeared to be a permanent regulatory amendment, 
which cannot be accomplished by emergency interim rule. This final rule 
replaces these tables with Tables 4, 5, 6, and 12. Tables 21, 22, 23, 
and 24 are removed to prevent confusion.

Response to Comments

    NMFS received 2 letters with comments in response to the May 16, 
2002, extension of the emergency interim rule (67 FR 34860) that 
implemented the Steller sea lion protection measures and the 2002 
harvest specifications.
    One letter supported the extension of the emergency interim rule to 
protect Steller sea lions. The writer agreed with the temporary 
constraint on the fisheries and was concerned about overexploitation of 
marine resources.
    The second letter was a copy of the comments submitted by the 
writer regarding the January 8, 2002, emergency interim rule. Responses 
to these comments were provided in the preamble to the proposed rule 
(67 FR 56692, September 4, 2002) and no further response is needed.
    One letter of comment was received before the proposed rule was 
published concerning the VMS requirements that this rule will 
implement. The letter made three points. First, VMS should only be 
required on vessels that had previous fishing violations. Second, VMS 
should not be required when vessels are engaged in fishing operations 
other than directed fishing for Pacific cod, Atka mackerel or pollock 
or when the vessel is being used for personal uses such as hunting. 
Third, VMS should not be required when a fishery is only open in 
another area. For example, if a fishery is only open in the BSAI, the 
vessel should not be required to use a VMS if it only fishes in the 
GOA.
    NMFS disagrees with all three suggestions to relax VMS 
requirements. VMS is a tool to determine in near real time whether a 
violation may be occurring. If only those vessels with previous fishing 
violations were required to participate in a VMS program, NMFS would be 
unable to determine whether violations by vessels without previous 
violations were occurring. Using other traditional methods of 
enforcement, significantly less of the illegal incursions are likely to 
be discovered. While under most circumstances it is possible to 
determine from a vessel's VMS transmissions whether the vessel is 
fishing, it is not possible to determine what the vessel is harvesting. 
Enforcement would be most effective if all fishing vessels were 
required to operate a VMS at all times. However, in order to reduce 
impact on those vessels that do not engage in the Pacific cod, Atka 
mackerel, or pollock fisheries with pot, hook-and-line, or trawl gear, 
operating a VMS will only be required for those vessels that do 
participate in these fisheries, and only when these fisheries are open. 
Vessel owners intending to use their boats for purposes other than 
directed fishing for Pacific cod, Atka mackerel, or pollock may have 
NMFS remove the endorsement for those species from their FFP. 
Concerning the third point, the boundary between the Gulf of Alaska and 
the Bering Sea is long and many of the critical habitat areas straddle 
that boundary. If VMS were not required in both areas when a fishery is 
open in either area, enforcement would be unnecessarily complicated. 
Vessels that had turned their VMS transmitters off would be able to 
``hide'' in the area where VMS was not required and enter the area 
where VMS was required making effective surveillance difficult or 
impossible.
    NMFS received three letters with comments regarding the proposed 
rule for Steller sea lion protection measures. Two letters recommended 
that NMFS approve software-based VMS technologies that integrate 
electronics already on the vessel, at least as backup systems. NMFS 
believes that the modification of VMS standards is outside the scope of 
this rulemaking. First, NMFS did not propose this measure for public 
comment. Second, VMS standards are promulgated and amended on a 
national level and VMS components are approved for use off Alaska based 
on those standards. At this time, the software-based systems referred 
to in the comment do not meet the current standards. The comments from 
the third letter and responses are summarized below.
    Comment 1. In general, the commentor disagreed that the groundfish 
fisheries are likely to jeopardize the continued existence of the 
western DPS of Steller sea lions or adversely affect its critical 
habitat. Little, if any, scientific evidence exists of competition 
between groundfish fisheries and Steller sea lions. NMFS is acting in a 
highly conservative and precautionary manner by imposing Steller sea 
lion protection measures contained in the proposed rule.
    Response. The ESA requires NMFS to ensure the protection of 
endangered and threatened species. Sufficient evidence exists of the 
potential for competition for prey between the groundfish fisheries and 
Steller sea lions to warrant restrictions on the groundfish fisheries. 
The protection measures in the final rule ensure that the groundfish 
fisheries will be unlikely to jeopardize the continued existence of the 
western DPS of Steller sea lions or destroy or adversely modify its 
critical habitat.
    Comment 2. The zonal approach of restricted fishing areas should 
not be changed until an evaluation is done. The year 2002 should be 
used as a baseline.
    Response. The effectiveness of the protection measures will be 
evaluated before any changes are made.

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    Comment 3. The 2002 pup and non-pup Steller sea lion aerial survey 
results do not support the concept of groundfish fishery interaction 
leading to Steller sea lion declines. The locations of increases and 
decreases in counts are not consistent with areas of more or less 
amounts of fishing. This again demonstrates that NMFS is acting in a 
highly conservative and precautionary manner.
    Response. NMFS is unable to draw conclusions about the 
effectiveness of Steller sea lion protection measures using the recent 
Steller sea lion survey estimate. NMFS has a number of research 
programs under way that are intended to provide further information 
about possible groundfish fishery interactions with Steller sea lions. 
The recently measured increase in the population may indicate the 
effects of protection measures implemented since 1999, natural 
environmental changes, or merely a statistical anomaly. In the 2002 FMP 
BiOp (see ADDRESSES), NMFS determined that we would need 6-10 years 
(roughly 3-5 surveys) to positively determine a change in the 
population trajectory given uncertainty in the estimates. NMFS will 
continue to evaluate this information as it becomes available and will 
use it to determine the relationship between Steller sea lion 
population trends and fisheries.
    Comment 4. Table 5 should be corrected for five haulouts located 
just east of 173[deg] West long. The closure areas for these sites only 
apply to those waters located east of 173[deg] West long. and a 
footnote should be added to the table to indicate this.
    Response. Two of the five haulouts should be corrected. 
Accordingly, Table 5 is changed from the proposed rule for Amlia I./
East and Tanadak I. (Amlia). Footnote 4 to the Table has a sentence 
added indicating that the 20-nm closure for these haulouts for the 
hook-and-line and pot Pacific cod fisheries applies only to those 
waters located east of 173[deg] West long. Other Steller sea lion sites 
near the 173[deg] West long. are either rookeries with 10 or 20 nm 
closures or haulouts with 20 nm closures that are overlapped by the 
Seguam foraging area closure.
    Comment 5. The word ``spawning'' should be inserted immediately 
before the term ``biomass'' whenever that term occurs in the regulatory 
text at Sec.  679.20(d)(4) for the harvest control rule to be 
consistent with the preamble.
    Response. The change is made in the final rule.
    On October 5, 2002, the Council provided comment on the proposed 
rule by recommending the continued closure of the Aleutian Islands 
subarea to directed fishing for pollock in 2003 and the opening of this 
subarea in 2004 and beyond to directed fishing for pollock outside the 
critical habitat, apportioned seasonally (40:60 percent). The Council 
requested this change to allow for additional analysis of the potential 
effects of opening the pollock fishery. The Council recommended that 
NMFS analyze effects of the Aleutian Islands subarea directed pollock 
fishery on Steller sea lions, bycatch, and other fisheries, including 
cumulative effects.
    The 2001 BiOp found that opening the seasonally apportioned pollock 
fishery outside of critical habitat in the Aleutian Islands subarea 
would not likely cause jeopardy or adverse modification of critical 
habitat for the western DPS of Steller sea lions. At this time, NMFS 
has no new information that would change the conclusion in the 2001 
BiOp concerning the Aleutian Islands subarea directed pollock fishery.
    The 2002 Stock Assessment and Fisheries Evaluation report for BSAI 
pollock (see ADDRESSES) provides an acceptable biological catch level 
for a directed pollock fishery in the Aleutian Islands subarea based on 
the condition of the pollock stock.
    This final rule provides that any directed pollock fishery 
authorized in the Aleutian Islands subarea must be conducted outside of 
critical habitat with seasonal apportionments to temporally disperse 
the harvest. The pollock fishery conducted in this manner will meet the 
temporal and spatial dispersion of harvest required by the 2001 BiOp 
and FMP BiOp.
    However, NMFS does acknowledge the concerns expressed by the 
Council regarding potential impacts of a new directed pollock fishery 
in the Aleutian Islands subarea on other ecosystem components and on 
other components of the fishing industry. As such, the 2003 harvest 
specifications for the BSAI will close the Aleutian Islands subarea to 
directed fishing for pollock and establish an Aleutian Islands subarea 
pollock TAC that allows only incidental catch of pollock in other 
Aleutian Islands subarea groundfish fisheries. NMFS will continue 
analysis of the potential impacts of a new Aleutian Islands subarea 
directed pollock fishery and will provide the Council with updated 
information.

Classification

    The Administrator, Alaska Region, NMFS (Regional Administrator), 
has determined that this final 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 final rule is 
consistent with the Magnuson-Stevens Act and other applicable laws. No 
relevant Federal rules exist that 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 two final regulatory flexibility analyses (FRFA) that 
described the economic impact this final rule would have on small 
entities. Copies of these FRFAs are available from NMFS (see 
ADDRESSES). A description of the final action, the reason the action is 
being considered, and the legal basis for this action are contained at 
the beginning of this preamble.
    One FRFA analyzed the Steller sea lion protection measures. NMFS 
received no comments on the Initial Regulatory Flexibility Analysis 
(IRFA). This FRFA concluded, based on the numbers of operations in 
2000, that approximately 590 small entities would be directly regulated 
by the rule. This includes 514 catcher vessels, 33 catcher/processors, 
37 shoreside processors, and 6 CDQ groups. The action will create the 
following new recordkeeping and reporting requirements: (a) questions 
will be added to the annual FFP renewal application and renewal forms 
to enable NMFS to identify which vessels will be directed fishing in 
the Pacific cod, pollock, and Atka mackerel fisheries; (b) vessels, 
other than jig vessels, will be required to operate a VMS while they 
are operating in the BSAI or GOA reporting areas when the pollock, Atka 
mackerel, or Pacific cod fishery they are permitted for is open; (c) an 
additional question asking CDQ operators to report target species has 
been added to each CDQ catch report; and (d) Atka mackerel vessels will 
have to carry additional observers when fishing in Aleutian Islands 
subarea critical habitat.
    The Council and NMFS considered five regulatory alternatives. These 
were analyzed at length in the final SEIS. Three of these, Alternatives 
2, 3 and 5, have adverse impacts on small entities that are greater 
than those in Alternative 4 (the preferred alternative). Alternative 2 
dramatically reduced the TACs available to the fisheries. All three 
alternatives placed far more of the fisheries gross revenues ``at 
risk'' due to restrictions on fishing in closed or restricted critical 
habitat. These revenue reductions would have led to lower revenues for 
small entities in the fishery than the revenue reduction in Alternative 
4. Alternative 1 had smaller adverse impacts on small entities than 
those in Alternative 4. However, this

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alternative was the ``no action'' alternative under which regulatory 
measures, which were implemented by emergency rule and designed to 
protect Steller sea lions, would expire (note that not all regulations 
to protect the Steller sea lions had been implemented by emergency 
rule). This alternative was not adopted because the Council found it 
inadequate to avoid the likelihood that the groundfish fisheries would 
jeopardize the continued existence of the western DPS of Steller sea 
lions and adversely modify its critical habitat. Two additional options 
to Alternative 4 might have produced a reduced impact on the small 
vessel fleets. The first option would have exempted certain classes of 
small vessels from fishing restrictions in the vicinities of Chignik, 
and the second one would have established a system of ``gear zones'' 
along the coast in the GOA and would have restricted larger vessels to 
a greater extent than small ones in the zones closer to the shore. The 
additional small boat exemptions for Chignik were not included because 
opening these areas would reduce the value as a control site for 
evaluating management measures and increase the likelihood for 
competitive interactions with Steller sea lions, and also because this 
site has not been economically important to the small boat fleets. The 
Council 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). 
However, vessel owners' costs associated with VMS purchases required 
under the preferred alternative will be reimbursed through a NMFS grant 
to the Pacific States Marine Fisheries Commission.
    A second FRFA has been prepared for the Chiniak Gully experiment 
implemented by this final rule. NMFS received no comments on the 
Initial Regulatory Flexibility Analysis (IRFA). This FRFA concluded 
that most of the vessels that would trawl for groundfish in the 
proposed Chiniak Gully area during late summer are small entities. This 
included 145 small entities. Most of these affected vessels are 
homeported in and operate out of the city of Kodiak, adjacent to the 
proposed closure area. Although vessels will be able to harvest in 
other locations in the vicinity of Kodiak Island 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. Because harvest may be taken elsewhere and 
the restriction will last no more than 3 years, the overall impact on 
the affected vessels should not be large. As these small vessels 
potentially 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. This action imposes no 
additional reporting requirements on small entities. The alternatives 
of no action and of excluding small entities from the action were 
considered and would have reduced the burden on small entities, 
compared to the preferred alternative. However, the no action 
alternative would have prevented the experiment from proceeding. 
Excluding small entities would have eliminated most of the vessels 
active in the experimental area. Therefore these alternatives would not 
meet the objective of the action.
    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/FRFA 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/FRFA 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/FRFA. 
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 final rule are discussed in the SEIS for this 
action.
    This rule contains collection-of-information requirements subject 
to the Paperwork Reduction Act (PRA) that have been approved by OMB. 
Public reporting burden for these collections is listed by OMB control 
number below.
    OMB No. 0648-0206: for a Federal Fisheries Permit application 
(including the information necessary to register a vessel using trawl 
gear to conduct directed fishing operations for Atka mackerel in the 
harvest limit area), 21 minutes per response; OMB No. 0648-0445: 6 
hours to install a VMS 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; and OMB No. 0648-0269: for CDQ 
target species reporting; 15 minutes per catch report.
    These response time estimates 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 this burden 
estimate, or any other aspect of this data collection, including 
suggestions for reducing the burden, to NMFS and OMB (see ADDRESSES).
    Notwithstanding any other provision of the law, no person is 
required to respond to, nor shall any person 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 final 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 Office of Protected Resources (OPR) 
to the Office of Sustainable Fisheries, the Director of the OPR 
determined that fishing activities described in this final 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.
    On December 18, 2002, the United States District Court for the 
Western District of Washington entered an Order remanding the 
biological opinion prepared for the groundfish fisheries managed 
pursuant to this rule. Greenpeace, et al. v. National Marine Fisheries 
Service, No. C98-492Z (W.D. Wash.). The Court held that the biological 
opinion's findings of no jeopardy to the continued existence of 
endangered Steller sea lions and no adverse modification of their 
critical habitat were arbitrary and capricious. NMFS is seeking 
Plaintiff's agreement that the 2003 fisheries will commence pursuant to 
the Steller sea lion protection measures specified in the 2001 BiOp and 
implemented by this final rule pending completion of the remand. If 
such agreement is reached, it will be filed with the Court. If 
agreement is not reached, NMFS will take such other action as is 
necessary to ensure the fisheries' compliance with

[[Page 209]]

section 7(a)(2) of the ESA pending completion of the remand.
    The Steller sea lion protection measures in this rule must be 
effective by January 1, 2003, the date on which the emergency interim 
rule implementing these measures expires and the 2003 groundfish 
fisheries will open. The measures contained in this rule are 
substantially the same as those contained in the emergency interim rule 
dated January 8, 2002 (67 FR 956 and extended May 16, 2002, 67 FR 
34860), and therefore this rule is largely a continuation of the status 
quo. Because the industry is already complying with similar measures, 
additional time is not required for compliance. Accordingly, there is 
good cause to waive the requirement of a 30-day delay in the effective 
date for this rule pursuant to 5 U.S.C. 553(d)(3). However, NMFS will 
make this rule effective on January 1, 2003, thereby providing a short 
delay in the effective date.

List of Subjects in 15 CFR Part 902 and 50 CFR Part 679

    Alaska, Fisheries, Recordkeeping and reporting requirements.

    Dated: December 23, 2002.
William T. Hogarth,
Assistant Administrator for Fisheries, National Marine Fisheries 
Service.

15 CFR Chapter IX

    For the reasons set out in the preamble, 15 CFR part 902, chapter 
IX, is amended as follows:

PART 902-- NOAA INFORMATION COLLECTION REQUIREMENTS UNDER THE 
PAPERWORK REDUCTION ACT; OMB CONTROL NUMBERS

    1. The authority citation for part 902 continues to read as 
follows:

    Authority: 44 U.S.C. 3501 et seq.

    2. In Sec.  902.1, the table in paragraph (b) is amended by adding 
under 50 CFR the following entries in numerical order:


Sec.  902.1  OMB Control numbers assigned pursuant to the Paperwork 
Reduction Act.

* * * * *
    (b) * * *

------------------------------------------------------------------------
                                              Current OMB control number
 CFR part or section where the information     (All numbers begin with
     collection requirement is located                  0648-)
------------------------------------------------------------------------
                                * * * * *
 
50 CFR                                       ...........................
                                * * * * *
679.4(b)(5)(vi)                              -0206
679.20(a)(8)(iii)                            -0269
679.28(f)(4), (f)(5), (f)(6)                 -0445
                                * * * * *
 
------------------------------------------------------------------------

50 CFR Chapter VI

    For reasons set out in the preamble, 50 CFR part 679 is amended as 
follows:

PART 679----FISHERIES OF THE EXCLUSIVE ECONOMIC ZONE OFF ALASKA

    1. The authority citation for part 679 continues to read as 
follows:

    Authority: 16 U.S.C. 773 et seq.; 1801 et seq.; 3631 et seq.; 
Title II of Division C, Pub. L. 105-277; Sec. 3027, Pub. L. 106-31; 
57 Stat. 113; 16 U.S.C. 1540(f); and Sec. 209, Pub. L. 106-554.

    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 tripmeans:
    (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 a 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 that are (1) west of 178[deg] W long. and (2) within 20 nm seaward 
of sites listed in Table 6 of this part that are located west of 
177[deg]57.00' W long.
* * * * *

    3. In Sec.  679.4, paragraph (b)(5)(vi) is revised 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.  679.5 paragraph (n)(2)(iii)(B)(4) is revised to read as 
follows:


Sec.  679.5  Recordkeeping and reporting.

* * * * *
    (n) * * *
    (2) * * *
    (iii) * * *
    (B) * * *
    (4) Indicate the intended target species.
* * * * *

    5. In Sec.  679.7, paragraph (c)(3) is removed, paragraphs (a)(1), 
(a)(17), (a)(18), (a)(19), and (b) are revised 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) Conduct directed fishing for Atka mackerel, Pacific cod, or 
pollock with pot, hook-and-line, or trawl gear from 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

[[Page 210]]

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 directed fishing for Atka mackerel HLA 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 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.
* * * * *

    6. In Sec.  679.20:
    a. Remove paragraphs (a)(7)(iii)(B) and (f)(3), and redesignate 
paragraph (a)(7)(iii)(C) and (D) as (a)(7)(iii)(B) and (C).
    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), the newly designated paragraph 
(a)(7)(iii)(B), (a)(8)(ii)(C), (a)(8)(iii), (a)(11), (b)(2)(i), 
(b)(2)(ii), (c)(2)(i) and (c)(2)(ii), and (d)(4).
    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, under harvest or over harvest 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 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 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 component 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

[[Page 211]]

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:
[GRAPHIC] [TIFF OMITTED] TR02JA03.005

    (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) 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 to conduct 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 Fisheries 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., of the first working day following 
January 1.
    (2) To participate in the B season HLA fishery,
    (i) The vessel must be registered for the A season HLA fishery and 
must maintain registration for the HLA fishery through the first 
working day following July 31, or
    (ii) The vessel must be registered for the HLA fishery with NMFS, 
Restricted Access Management Program, by 4:30 p.m., A.l.t., of 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 prohibited directed 
fishing for Atka mackerel in area 541, the Regional Administrator will 
allow directed fishing 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

[[Page 212]]

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 
harvested 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 for processing by 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 for processing by 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.
* * * * *
    (c)
    (2)
    (i) GOA. One-fourth of each proposed TAC and apportionment thereof 
(not including the reserves or the first seasonal allowances of pollock 
or Pacific cod), one-fourth of the proposed halibut prohibited species 
catch amounts, and the proposed first seasonal allowances of pollock 
and Pacific cod.
    (ii) BSAI. Except for pollock, Pacific cod, Atka mackerel, and the 
hook-and-line and pot gear allocation of sablefish, one quarter of each 
proposed initial TAC and apportionment thereof, one quarter of each CDQ 
reserve established by paragraph (b)(1)(iii) of this section, and one 
quarter of the proposed PSQ reserve and prohibited species catch 
allowances established by Sec.  679.21.
    (A) The interim specifications for pollock, Pacific cod, and Atka 
mackerel will be equal to the first seasonal allowances for pollock, 
Pacific cod, and Atka mackerel that are published in the proposed 
specifications under paragraph (c)(1) of this section.
    (B) The interim specifications for CDQ pollock, CDQ Atka mackerel, 
and CDQ Pacific cod will be equal to the first seasonal allowances that 
are published in the proposed specifications under paragraph (c)(1) of 
this section.
* * * * *
    (d) * * *
    (4) Harvest control for pollock, Atka mackerel, and Pacific cod. If 
a biological assessment of stock condition for pollock, Pacific cod, or 
Atka mackerel within an area projects that the spawning biomass in that 
area will be equal to or below 20 percent of the projected unfished 
spawning biomass during a fishing year, the Regional Administrator will 
prohibit the directed fishery for the relevant species within the area. 
The Regional 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 spawning biomass for the species in the 
area will exceed 20 percent of the projected unfished spawning 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.
* * * * *

    7. 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 vessels named on a Federal Fisheries Permit under Sec.  679.4(b), 
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

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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 during the A season, as defined at Sec.  
679.23(e)(2), to directed fishing for pollock by vessels named on a 
Federal Fisheries Permit under Sec.  679.4(b).
    (iii) Groundfish closures. Directed fishing for groundfish by 
vessels named on a Federal Fisheries Permit under Sec.  679.4(b) 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 vessels 
named on a Federal Fisheries Permit under Sec.  679.4(b) 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 
vessels named on a Federal Fisheries Permit under Sec.  679.4(b) and 
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 
vessels named on a Federal Fisheries Permit under Sec.  679.4(b) and 
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 CDQ 
pollock, 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 prohibit 
directed fishing for pollock 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 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 
vessels named on a Federal Fisheries Permit under Sec.  679.4(b) 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 vessels named 
on a Federal Fisheries Permit under Sec.  679.4(b) 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 
vessels named on a Federal Fisheries Permit under Sec.  679.4(b) 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 vessels named on a Federal Fisheries Permit under Sec.  
679.4(b) and 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 
vessels named on a Federal Fisheries Permit under Sec.  679.4(b) and 
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 
vessels named on a Federal Fisheries Permit under Sec.  679.4(b) and 
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 vessels named on a Federal Fisheries 
Permit under Sec.  679.4(b) 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 vessels 
named on a Federal Fisheries Permit under Sec.  679.4(b) 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 
vessels named on a Federal Fisheries Permit under Sec.  679.4(b) and 
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 
vessels named on a Federal Fisheries Permit under Sec.  679.4(b) 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:

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    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 named on a Federal Fisheries Permit under Sec.  679.4(b) and 
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.
* * * * *

    8. In Sec.  679.23, paragraphs (d)(2), (d)(3), (e)(2), (e)(3), 
(e)(4)(iii), (e)(5) and (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.
    (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 CDQ pollock 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 seasons:
    (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 CDQ pollock; hook-and-line, jig, or trawl CDQ Pacific cod; and 
fixed gear CDQ sablefish under subpart C of this part, is authorized 
from 0001 hours, A.l.t., January 1 through the end of each 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 BSAI seasons are specified at Sec.  
679.23(d)(2) and Sec.  679.23(e)(2).
    (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

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    9. 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 907-586-7703 
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 907-586-7225, 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]

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

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


Sec.  679.50  Groundfish Observer Program applicable through December 
31, 2007.

* * * * *
    (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).
* * * * *

    12. In 50 CFR part 679, Tables 21, 22, 23, and 24 are deleted, 
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. 02-32844 Filed 12-31-02; 8:45 am]
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