[Federal Register Volume 68, Number 89 (Thursday, May 8, 2003)]
[Rules and Regulations]
[Pages 24615-24637]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-11374]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

15 CFR Part 902

50 CFR Part 679

[Docket No. 020718172-3062-03; I. D. 051402C]
RIN 0648-AQ08


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

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

ACTION: Correcting amendments.

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SUMMARY: This final rule corrects the regulatory text of the final rule 
published January 2, 2003, implementing Steller sea lion protection 
measures for the Alaska groundfish fishery.

DATES: Effective May 7, 2003.

ADDRESSES: Copies of the Supplemental Environmental Impact Statement on 
Steller Sea Lion Protection Measures in the Federal Groundfish 
Fisheries Off Alaska (SEIS), including the 2001 biological opinion 
(2001 BiOp) and regulatory impact review may be obtained from the 
Alaska Region, NMFS, P.O. Box 21668, Juneau, AK, 99802, Attn: Lori 
Durall. The SEIS is also available on the NMFS Alaska Region home page 
at http://www.fakr.noaa.gov.

FOR FURTHER INFORMATION CONTACT: Melanie Brown, NMFS, 907-586-7228 or 
e-mail at [email protected].

SUPPLEMENTARY INFORMATION:

Background

    A final rule published January 2, 2003 (68 FR 204), implementing 
Steller sea lion protection measures for the groundfish fisheries of 
the Bering Sea and Aleutian Islands Management Area (BSAI) and the Gulf 
of Alaska (GOA), contains errors in its paragraph designations, cross-
references, regulatory text, and tables which are corrected by this 
action.

Corrections to the Office of Management and Budget (OMB) Control 
Numbers Table

    Two corrections are needed in the OMB control number references in 
the table at 15 CFR 902.1(b). The OMB control number assigned to Sec.  
679.20(a)(8)(iii) is incorrect. Also, the table is missing an OMB 
control number and corresponding paragraph that applies to the Steller 
sea lion protection measures. This action corrects the number assigned 
to Sec.  679.20(a)(8)(iii) to read ``-0206''. OMB control number ``-
0269'' that incorrectly was applied to Sec.  679.20(a)(8)(iii) in the 
final rule is properly assigned to Sec.  679.5(n)(2)(iii), which is 
added to the table with this action. This correction will accurately 
display the OMB control numbers for these collection-of-information 
approvals, as required by the Paperwork Reduction Act.

Corrections to the Regulatory Text

    A number of corrections to the final rule for the Steller sea lion 
protection measures are needed for consistency with the final rule for 
Amendments 61/61/13/8 implementing the American Fisheries Act (AFA) (67 
FR 79692, December 30, 2002, effective January 29, 2003). The AFA final 
rule at Sec.  679.20(a)(5)(i)(A) and (a)(5)(ii) describes the Bering 
Sea subarea and Aleutian Islands subarea and Bogoslof district pollock 
AFA allocations, respectively. However, the Steller sea lion protection 
measures final rule provisions describing the seasonal apportionment of 
pollock in the BSAI and GOA also were codified at Sec.  
679.20(a)(5)(i)(A) and (a)(5)(ii)(B). This correction adds a new 
paragraph Sec.  679.20(a)(5)(i)(B) describing the Steller sea lion 
protection measures seasonal apportionment of pollock in the Bering sea 
subarea. Section 679.20(a)(5)(i)(B) in the final rule regarding the 
Steller sea lion conservation area harvest limit is also redesignated 
as Sec.  679.20(a)(5)(i)(C) to ensure proper paragraph designations. 
The seasonal apportionments for the GOA pollock fishery were codified 
by the AFA final rule at Sec.  679.20(a)(5)(iii); therefore, no 
additional changes are needed in the Steller sea lion protection 
measures final rule for the GOA pollock seasonal apportionments. Cross-
references in Sec.  679.22(a)(7) to the redesignated paragraph Sec.  
679.20(a)(5)(i)(C) also are corrected. This correction results in no 
substantive changes to the requirements of the AFA or the Steller sea 
lion protection measures.
    In addition, the Steller sea lion protection measures final rule 
contains cross-references to Sec.  679.20(a)(6)(ii) and (iii) at Sec.  
679.20(b)(2)(i) and (ii). These cross-referenced paragraphs were 
renumbered as (a)(6)(i) and (a)(6)(ii), respectively, when the AFA 
final rule was published. This action corrects these cross-references 
in Sec.  679.20(b)(2)(i) and (ii) to Sec.  679.20(a)(6)(i) and (ii). 
This correction does not substantively change the requirements of 
either the final rule for the AFA or the Steller sea lion protection 
measures final rule.
    Table 4 in 50 CFR part 679 specifies closures to directed fishing 
for pollock with trawl gear around identified Steller sea lion 
rookeries and haulouts in the Gulf of Alaska, the Bering Sea and the 
Aleutian Islands. The Steller sea lion protection measures final rule 
incorrectly specified the closed areas around Uliaga and Kagamil 
haulouts. Table 4 currently specifies a 10 nm closure around each of 
these haulouts (68 FR 218, January 2, 2003). Although these 10 nm 
closures are correctly specified for the waters within the Bering Sea 
subarea around these haulouts, Table 4 should have closed all of the 
Steller sea lion critical habitat around these haulouts that extends 
west of 170 degrees W. longitude into the Aleutian Islands subarea. In 
the proposed rule for this amendment, NMFS announced that directed 
fishing for pollock inside critical habitat in the Aleutian Islands 
subarea would be prohibited (67 FR 56703, column 1, September 4, 2002). 
Steller sea lion critical habitat includes an aquatic zone that extends 
20 nm seaward from Uliaga and Kagamil haulouts (50 CFR 226.202(a), 
Table 2). Therefore, this action corrects Table 4 in 50 CFR part 679 by 
closing the waters of the Aleutian Islands subarea that lie within 20 
nm of Uliaga and Kagamil haulouts to directed fishing for pollock with 
trawl gear.
    Table 5 in 50 CFR part 679 specifies closures to directed fishing 
for Pacific cod with trawl gear, hook-and-line gear, and pot gear 
around identified Steller sea lion rookeries and haulouts in the Gulf 
of Alaska, the Bering Sea, and the Aleutian Islands. The final rule 
resulted in several errors that require correction.

[[Page 24616]]

 First, Table 5 currently specifies closures to directed fishing for 
Pacific cod with hook-and-line gear and pot gear within the waters 
around Uliaga and Kagamil haulouts in the Bogoslof foraging area (68 FR 
225-26, January 2, 2003). Although these haulouts are located in the 
Bogoslof foraging area, the critical habitat designated around these 
haulouts extends west beyond 170 degrees W. longitude, the western 
boundary of the Bogoslof foraging area (50 CFR 226.202(a), Table 2). 
Table 5 should have closed all of the Steller sea lion critical habitat 
around these haulouts that lies between 170 degrees W. longitude and 
173 degrees W. longitude as well. The preamble to the proposed rule 
implementing the Steller sea lion protection measures explained that 
hook-and-line and pot vessels would be prohibited from directed fishing 
for Pacific cod in critical habitat east of 173 degrees W. longitude to 
the western boundary of the Bogslof foraging area (67 FR 56703, column 
2, September 4, 2002). Therefore, NMFS corrects Table 5 in 50 CFR part 
679 by closing the waters that lie within 20 nm of Uliaga and Kagamil 
haulouts to directed fishing for Pacific cod with hook-and-line and pot 
gear.
    Second, Table 5 currently specifies a closure to directed fishing 
for Pacific cod with hook-and-line gear within 10 nm in the waters 
around Chuginadak haulout (68 FR 225, January 2, 2003). Although 
Chuginadak is located in the Gulf of Alaska, the critical habitat 
designated around this haulout extends west beyond 170 degrees W. 
longitude, the eastern boundary of the Aleutian Islands subarea (50 CFR 
section 226.202(a), Table 2). For the reason stated above, this 
critical habitat should have been closed to fishing for Pacific cod 
with hook-and-line gear as well. Therefore, NMFS corrects Table 5 in 50 
CFR part 679 by prohibiting directed fishing for Pacific cod with hook-
and-line gear in waters west of 170 degrees W. longitude that lie 
within 20 nm of Chuginadak haulout. Table 5 retains the current 10 nm 
closure to directed fishing for Pacific cod with hook-and-line gear 
around Chuginadak in the Gulf of Alaska.
    Third, Table 5 currently specifies no closures to directed fishing 
for Pacific cod with hook-and-line gear or pot gear around Marmot 
Island rookery in the Gulf of Alaska (68 FR 229, January 2, 2003). 
However, the proposed rule for this amendment announced that directed 
fishing for Pacific cod with hook-and-line gear or pot gear around Gulf 
of Alaska rookeries would be prohibited (67 FR 56704, column 2, 
September 4, 2002). The Steller sea lion protection measures analyzed 
in the 2001 BiOp and in the SEIS specified 10 nm closures to hook-and-
line and pot gear fishing around Marmot Island, and these closure were 
implemented in 2002 by emergency interim rule (67 FR 956, January 8, 
2002). Therefore, NMFS corrects Table 5 in 50 CFR part 679 by closing 
the waters that lie within 10 nm of Marmot Island rookery to directed 
fishing for Pacific cod with hook-and-line or pot gear.
    Finally, the closure around Tanaga I./Bumpy Pt. for the Aleutian 
Islands subarea Pacific cod trawl fishery in Table 5 is also corrected. 
Directed fishing for Pacific cod using trawl gear should have been 
prohibited in the Harvest Limit Area (HLA) during the Atka mackerel HLA 
directed fishery (Sec.  679.22(a)(8)(iv)). A portion of the 20 nm 
critical habitat area surrounding Tanaga I./Bumpy Pt. extends west of 
178[deg] W longitude, and this portion of water, by definition, is part 
of the HLA (Sec.  679.2). Therefore, the portion of critical habitat 
for Tanaga I./Bumpy Pt. that lies west of 178[deg] W longitude should 
have been closed to directed fishing for Pacific cod with trawl gear 
during the Atka mackerel HLA directed fishery. Table 5 of the final 
rule did not describe this portion of critical habitat associated with 
Tanaga I./Bumpy Pt. as being part of the HLA, although the proposed 
rule clearly announced that this portion of critical habitat would be 
closed too, until the Atka mackerel HLA fishery is completed (67 FR 
56703, column 2, September 4, 2002). A footnote is added to Tanaga I./
Bumpy Pt. explaining the closure around this site. Because haulout 
sites located east of 178[deg] W longitude are closed to 3 nm to 
directed fishing for Pacific cod with trawl gear, the no-fishing zone 
in column 7 of Table 5 is corrected to show 3 nm and 20 nm closures 
that apply around the Tanaga I./Bumpy Pt. haulout.
    Table 6 of 50 CFR part 679 specifies closures to directed fishing 
for Atka mackerel with trawl gear near identified Steller sea lion 
rookeries and haulouts in the BSAI. The final rule included two errors 
in Table 6 that require correction. First, footnote 4 to Table 6 was 
inadvertently omitted from the site Tanaga I./Bumpy Pt. in the final 
rule. This footnote was included in the emergency interim rule 
implementing the Steller sea lion protection measures in 2002 (67 FR 
956, January 8, 2002). The footnote explains the closure around this 
site and is added to the site name with this correction. For the same 
reasons as described above for the Pacific cod trawl fishery, footnote 
4 is also corrected to specify that waters within 20 nm of Tanaga I./
Bumpy Pt. and west of 178[deg] W longitude are closed as part of the 
HLA, as defined in Sec.  679.2.
    Second, footnote 7 to Table 6 is corrected to further describe the 
10 nm and 20 nm closures around Gramp Rock. The 20 nm closure for Gramp 
Rock should apply to waters located east of 178[deg] W longitude, and 
the 10 nm closure for Gramp Rock should apply to waters located west of 
178[deg] W longitude. Gramp Rock should be closed to directed fishing 
for Atka mackerel using trawl gear in waters within 20 nm and west of 
178[deg] W longitude after the closure of the Atka mackerel HLA 
directed fishery. This action corrects the footnote accordingly.

Classification

    The Administrator, Alaska Region, NMFS (Regional Administrator), 
has determined that this action is necessary for the conservation and 
management of the groundfish fisheries of the BSAI and GOA. The 
Regional Administrator also has determined that this action is 
consistent with the Magnuson-Stevens Fishery Conservation and 
Management Act and other applicable laws. No relevant Federal rules 
exist that may duplicate, overlap, or conflict with this action.
    This action has been determined to be not significant for purposes 
of Executive Order 12866.
    A formal section 7 consultation under the Endangered Species Act 
(ESA) was initiated for the Steller sea lion protection measures under 
the fishery management plans for the groundfish fisheries of the BSAI 
and the GOA. In a biological opinion dated October 19, 2001, (2001 
BiOp), the Director of the Office of Protected Resources determined 
that fishing activities conducted under the Steller sea lion protection 
measures implemented by the final rule (68 FR 204, January 2, 2003) 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. This correction fully implements the Steller sea 
lion protection measures analyzed in the 2001 BiOp and approved by the 
Secretary of Commerce.
    On December 18, 2002, the United States District Court for the 
Western District of Washington remanded to NMFS the 2001 BiOp for the 
groundfish fisheries managed pursuant to the Steller sea lion 
protection measures published on January 2, 2003 (68 FR 204). 
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

[[Page 24617]]

jeopardy to the continued existence of endangered Steller sea lions and 
no adverse modification of their critical habitat were arbitrary and 
capricious. On December 30, 2002, the Court issued an Order declaring 
that the 2001 BiOp ``shall remain effective until June 30, 2003,'' 
while NMFS completes the remand. The response to the remand will 
evaluate the effects of fishing activities authorized pursuant to the 
final rule, as corrected by this action, on listed species and critical 
habitat.
    The measures in this rule correct the regulatory text to reflect 
the proper and intended paragraph designations, cross-references, 
regulatory text and tables of the final rule published on January 2, 
2003, in order to make the regulations consistent with NMFS' intent and 
current industry practice. The affected fishermen were already 
complying with such measures pursuant to an earlier rule. Additionally, 
on January 15, 2003, NOAA Fisheries Alaska Region posted maps depicting 
the correct closures on its official webpage for use by affected 
fishermen. As a result, this rule seeks to bring the published 
regulations into conformity with the status quo. Prior notice and an 
opportunity for public comment on the substance of these measures was 
provided by the September 4, 2002, proposed rule. All comments provided 
pursuant to that proposed rule were considered in the development of 
the January 2, 2003, final rule. An additional opportunity for public 
comment would perpetuate any confusion or lack of clarity that may 
exist as a result of the incorrect information in the January 2, 2003, 
final rule. Accordingly, the Assistant Administrator for Fisheries 
finds good cause to waive prior notice and opportunity for public 
comment pursuant to 5 U.S.C. 553(b)(B). Because the affected industry 
is already complying with the corrected measures, additional time is 
not required to allow them to come into compliance. Therefore, the 
Assistant Administrator for Fisheries also finds that there exists good 
cause to waive the requirement of a 30-day delay in the effective date 
of this rule pursuant to 5 U.S.C. 553(d)(3).

List of Subjects

15 CFR Part 902

    Reporting and recordkeeping requirements.

50 CFR Part 679

    Alaska, Fisheries, Recordkeeping and reporting requirements.

    Dated: May 1, 2003.
Rebecca Lent,
Deputy Assistant Administrator for Regulatory Programs, National Marine 
Fisheries Service.

0
Accordingly, 15 CFR part 902, chapter IX, and 50 CFR part 679, chapter 
VI are corrected by making the following correcting amendments:

15 CFR Chapter IX

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

0
1. The authority citation for part 902 continues to read as follows:

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

0
2. In Sec.  902.1, the table in paragraph (b) under 50 CFR is amended 
by adding in numerical order an entry for Sec.  679.5(n)(2)(iii) and 
revising the entry for Sec.  679.20 (a)(8)(iii) to read as follows:


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

* * * * *
    (b) * * *

------------------------------------------------------------------------
                                                             Current OMB
                                                               control
    CFR part or section where the information collection     number (All
                   requirement is located                      numbers
                                                              begin with
                                                                0648-)
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                                * * * * *
50 CFR                                                       ...........
 
                                * * * * *
679.5(n)(2)(iii)                                                   -0269
 
                                * * * * *
679.20 (a)(8)(iii)                                                 -0206
 
                                * * * * *
------------------------------------------------------------------------

50 CFR Chapter VI

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

0
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.

0
2. In Sec.  679.20, paragraph (a)(5)(i)(B) is redesignated as paragraph 
(a)(5)(i)(C), a new paragraph (a)(5)(i)(B) is added, and paragraph 
(b)(2)(i) and (ii) is revised to read as follows:


Sec.  679.20  General limitations.

* * * * *
    (a) * * *
    (5) * * *
    (i) * * *
    (B) 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) * * *
    (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)(i) 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)(ii) of this section.
* * * * *

0
3. In Sec.  679.22, paragraph (a)(7)(vii)(C) is revised to read as 
follows:


Sec.  679.22  Closures.

    (a) * * *
    (7) * * *
    (vii) * * *
    (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)(C) 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

[[Page 24618]]

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)(C) has been met 
before April 1.
* * * * *

0
4. Tables 4, 5, and 6 to Part 679 are revised to read as follows:

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[FR Doc. 03-11374 Filed 5-7-03; 8:45 am]
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