[Federal Register Volume 69, Number 143 (Tuesday, July 27, 2004)]
[Proposed Rules]
[Pages 44634-44639]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-16957]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 679

[Docket No. 040713206-4206-01; I.D. 070704F]
RIN 0648-AR77


Fisheries of the Exclusive Economic Zone Off Alaska; Revisions to 
the Annual Harvest Specifications Process for the Groundfish Fisheries 
of the Gulf of Alaska and the Bering Sea and Aleutian Islands 
Management Area

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

ACTION: Proposed rule; request for comments.

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SUMMARY: NMFS issues a proposed rule that would implement Amendment 48 
to the Fishery Management Plan (FMP) for Groundfish of the Gulf of 
Alaska (GOA) and Amendment 48 to the FMP for the Groundfish Fishery of 
the Bering Sea and Aleutian Islands Management Area (BSAI) (Amendments 
48/48). If approved, Amendments 48/48 would revise the administrative 
process used to establish annual harvest specifications for the 
groundfish fisheries of the GOA and the BSAI and would update the FMPs 
by revising the description of the groundfish fisheries and 
participants, revising the name of the BSAI FMP, revising text to 
simplify wording and correct typographical errors, and revising the 
description of the North Pacific Fishery Management

[[Page 44635]]

Council (Council) Groundfish Plan Teams' responsibilities. This action 
is necessary to manage fisheries based on the best scientific 
information available, to provide for adequate prior public review and 
comment to the Secretary of Commerce (Secretary) on Council 
recommendations, to provide for additional opportunity for Secretarial 
review, to minimize unnecessary disruption to fisheries and public 
confusion, and to promote administrative efficiency. The proposed rule 
would revise regulations to implement the new harvest specifications 
process in Amendments 48/48 and would revise the name of the BSAI FMP. 
This action is intended to promote the goals and objectives of the 
Magnuson-Stevens Fishery Conservation and Management Act (Magnuson-
Stevens Act), the FMPs, and other applicable laws.

DATES: Written comments must be received by September 10, 2004.

ADDRESSES: Send comments to Sue Salveson, Assistant Regional 
Administrator, Sustainable Fisheries Division, Alaska Region, NMFS, 
Attn: Lori Durall. Comments may be submitted by:
    [bul] Mail to P.O. Box 21668, Juneau, AK 99802;
    [bul] Hand Delivery to the Federal Building, 709 West 9th Street, 
Room 420A, Juneau, AK;
    [bul] E-mail to [email protected] and include in the 
subject line of the e-mail comments the document identifier: 48/48 
Proposed Rule. E-mail comments, with or without attachments, are 
limited to 5 megabytes.
    [bul] FAX to 907-586-7557; or
    [bul] Webform at the Federal eRulemaking Portal: 
www.regulations.gov. Follow the instructions at that site for 
submitting comments.
    Copies of the Environmental Assessment/Regulatory Impact Review/
Initial Regulatory Flexibility Analysis (EA/RIR/IRFA) prepared for 
Amendments 48/48 and the proposed rule may be obtained from the same 
mailing address above or from the NMFS Alaska Region website at 
www.fakr.noaa.gov.

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

SUPPLEMENTARY INFORMATION: The groundfish fisheries in the Exclusive 
Economic Zone of the GOA and the BSAI are managed under the FMPs. The 
Council prepared the FMPs under the authority of the Magnuson-Stevens 
Act, 16 U.S.C. 1801, et seq. Regulations implementing the FMPs appear 
at 50 CFR part 679. General regulations governing U.S. fisheries also 
appear at 50 CFR part 600.
    The Council has submitted Amendments 48/48 for Secretarial review 
and a notice of availability (NOA) of the FMP amendments was published 
in the Federal Register on July 14, 2004 (69 FR 42128) with comments on 
the FMP amendments invited through September 13, 2004. A complete 
description of the amendments is in the NOA. This proposed rule 
describes the FMP amendments and proposed implementing regulations.
    Comments may address the FMP amendments, the proposed rule, or 
both, but must be received by September 13, 2004, to be considered in 
the approval/disapproval decision on the FMP amendments. All comments 
received by that time, whether specifically directed to the FMP 
amendments or the proposed rule, will be considered in the approval/
disapproval decision on the FMP amendments.

Background

    Amendments 48/48 were unanimously recommended by the Council in 
October 2003. If approved by NMFS, these amendments would revise the 
administrative process used to establish annual harvest specifications 
for the groundfish fisheries of the BSAI and GOA. Harvest 
specifications establish specific limits on the commercial harvest of 
groundfish and are used to manage the groundfish fisheries. Harvest 
specifications include total allowable catch (TAC), acceptable 
biological catch, overfishing levels, and prohibited species catch 
(PSC) amounts, and apportionments thereof, which have been recommended 
by the Council. The current regulations authorize annual harvest 
specifications that are applicable January 1 through December 31. The 
goals in revising the harvest specifications process are to: (1) manage 
fisheries based on the best scientific information available, (2) 
provide for adequate prior public review and comment to the Secretary 
on Council recommendations, (3) provide for additional opportunity for 
Secretarial review, (4) minimize unnecessary disruption to fisheries 
and public confusion, and (5) promote administrative efficiency.
    The current harvest specifications process involves proposed, 
interim, and final rulemaking. Each October, the Council recommends 
proposed harvest specifications for the next year. NMFS reviews the 
Council's recommendations and publishes a notice of proposed 
specifications in the Federal Register for public comment in December. 
In November, new biological information regarding the groundfish target 
species becomes available and is used to develop the Council's final 
harvest specifications recommendations for the fishing year starting in 
January. The Council makes its final harvest specifications 
recommendations to NMFS in December. NMFS reviews these recommendations 
and publishes a notice of final specifications in the Federal Register 
in February or March of the following year.
    Starting in January of the new fishing year, groundfish fisheries 
are managed using interim harvest specifications, pending publication 
of the final harvest specifications. These interim harvest 
specifications remain in place until superseded by final harvest 
specifications in approximately February or March each year. The 
interim harvest specifications are required by Sec.  679.20(c)(2) to be 
25 percent or the first seasonal apportionment of the proposed TAC 
amounts for most groundfish target species and 25 percent of the 
proposed PSC amounts.
    A number of statutory requirements must be met by NMFS to implement 
annual harvest specifications. National standard 2 in section 301(a)(2) 
of the Magnuson-Stevens Act requires management of the groundfish 
fisheries to be based on the best scientific information available. 
Each year in October, proposed harvest specifications for the following 
year are developed based on either TAC amounts used in the current year 
for some species or on projections from the Stock Assessment and 
Fishery Evaluation (SAFE) reports written the previous year. The SAFE 
reports written in the previous year often comprise the best scientific 
information available in October for supporting the harvest 
specifications for the following year. The new SAFE reports completed 
in November are used by the Council to recommend final harvest 
specifications in mid-December, usually after publication in the 
Federal Register of the proposed harvest specifications.
    The proposed and final specifications process normally requires six 
months to complete, yet only two weeks exist between the time the new 
final SAFE reports are available (mid- December) and the start of the 
fishing year on January 1. The Council's Groundfish Plan Teams develop 
the SAFE reports in November for the following fishing year based on 
the summer survey data and new analysis. These November SAFE reports 
are reviewed and approved by

[[Page 44636]]

the Council in December and used as the scientific basis for its 
recommended harvest specifications. Because of this time constraint, 
the proposed harvest specifications are completed before the new 
information supporting the final harvest specifications is available. 
The proposed harvest specifications and supporting information 
available for public review and comment can differ from the final 
harvest specifications and their supporting information.
    For some species, the harvest specifications change little among 
years, such as TAC amounts for certain long-lived target groundfish 
species in the GOA. For other species, harvest specifications can 
change greatly between the proposed and final harvest specifications 
for various reasons. In some cases, adjustments are made based on the 
new information developed in the November SAFE reports. In the BSAI, 
the need to maximize the harvest of a particular groundfish species can 
cause changes between proposed and final TACs for a number of 
groundfish species to maintain the overall harvest at or below the 2 
million metric ton optimal yield specified at Sec.  679.20(a)(1)(i). 
Because the proposed harvest specifications and supporting information 
can differ from the final harvest specifications and supporting 
information, the current specifications process may not provide 
adequate opportunity in some cases for prior public review and comment 
on the annual harvest specifications or on the supporting information 
used for the annual harvest specifications.
    Subject to certain exceptions, the Administrative Procedure Act 
(APA) requires prior public review and comment on a proposed rule, 
including public review and opportunity for comment on the information 
used as the basis for the proposed rule (see 5 U.S.C. 553). Prior 
public review and comment on the interim specifications have been 
routinely waived for ``good cause'' pursuant to 5 U.S.C. 553(b)(B). 
However, recent case law has raised legal concerns under the APA 
regarding this practice of annual waiver of notice and comment because 
of generic data collection and timing constraints. See Natural 
Resources Defense Council v. Evans, 316 F.3d 904 (9th Cir. 2003). In 
addition, as a practical consideration, the interim harvest 
specifications also may provide inadequate TAC and PSC amounts for 
those fisheries that are prosecuted in the early part of the year 
(i.e., rock sole).
    Amendments 48/48 would provide a process that allows for prior 
public review and comment on the annual harvest specifications and 
supporting information and would allow the groundfish fisheries to be 
managed based on the best available scientific information. Each year 
in October, the Council would recommend to NMFS proposed harvest 
specifications for up to two years. The rationale for providing for up 
to two years of harvest specifications is further explained later in 
this document.
    In consideration of the current stock assessment survey schedules, 
regulatory procedures, and quality of stock assessment information for 
the GOA and BSAI target species, the proposed harvest specifications 
process would authorize specifications that would be effective for up 
to 24 months. NMFS would review the recommendations and publish in the 
Federal Register proposed harvest specifications in November or early 
December, including detailed descriptions of what the final harvest 
specifications are likely to be and the new information anticipated to 
support them. In November, the new SAFE reports would be forwarded to 
the Council by the Council's Groundfish Plan Teams. The Council would 
consider the new SAFE reports, public comments on the proposed harvest 
specifications, and public testimony and then develop recommendations 
for the final harvest specifications in December. NMFS would review 
those recommendations and public comments on the proposed harvest 
specifications, and specifically determine if the final harvest 
specifications are a logical outgrowth of the proposed harvest 
specifications. If the final harvest specifications recommendations are 
consistent with applicable law and are a logical outgrowth of the 
proposed harvest specifications, the final harvest specifications may 
be published without additional public review and comment.
    If the final harvest specifications recommendations are not a 
logical outgrowth of the proposed harvest specifications, an additional 
publication of proposed harvest specifications may be needed to provide 
an additional opportunity for prior public review and comment under the 
APA. In May or June of the following year, the final harvest 
specifications would be published based on the additional proposed 
harvest specifications and after consideration of public comment. 
Alternatively, depending on the particular circumstances, NMFS may find 
``good cause'' to waive the publication of proposed harvest 
specifications for prior public review and comment. In this case, the 
final harvest specifications likely would become effective in March.
    To provide opportunity for a potential additional public comment 
period after the Council's final harvest specifications recommendation 
in December, the groundfish fisheries in the new fishing year would be 
managed on the specifications that had been published previously. Each 
year, the latter January through June portion of the harvest 
specifications would be superseded by the new annual harvest 
specifications. This proposed specification process would eliminate the 
need for the interim harvest specifications. Having harvest 
specifications effective into the second fishing year would allow time 
for NMFS to complete an additional public review and comment period, if 
needed, while preventing disruption of the fisheries.
    To provide consistency between the groundfish FMPs for the harvest 
specifications process and to provide flexibility during the harvest 
specifications process, Amendments 48/48 would allow specifications to 
be effective for up to two fishing years. The stock assessment models 
used for determining the harvest specifications would use two-year 
projections for biomass and acceptable biological catch. The frequency 
of fishery resource surveys also affects whether specifications should 
be done on a more or less frequent basis. Allowing specifications to be 
effective for up to two years would fit well with the frequency of 
stock projections that must be used for the harvest specifications, and 
would provide the Council and NMFS the flexibility to adjust the 
specifications time periods in response to potential changes in the 
frequency of stock assessment surveys or other stock assessment data or 
administrative issues.
    The Council recommended that harvest specifications for the hook-
and-line gear and pot gear sablefish individual fishing quota (IFQ) 
fisheries be limited to the succeeding fishing year to ensure those 
fisheries are conducted concurrent with the halibut IFQ fishery. Having 
the sablefish IFQ fisheries concurrent with the halibut IFQ fishery 
would reduce the potential for discards of halibut and sablefish in 
these fisheries. The sablefish IFQ fisheries would remain closed at the 
beginning of each fishing year, until the final harvest specifications 
for the sablefish IFQ fisheries are in effect. The trawl sablefish 
fishery would be managed using harvest specifications for up to two 
years with the remaining target species in the BSAI and with GOA 
pollock, Pacific cod, and the ``other species'' complex.

[[Page 44637]]

Regulation Revisions

    Amendment 48 to the BSAI FMP would revise the title of the FMP. The 
GOA FMP title is a more concise description of the document compared to 
the title used for the BSAI FMP. Definitions at Sec.  679.2 describe 
the BSAI as the ``Bering Sea and Aleutian Islands management area.'' 
Consistency between the names of the groundfish FMPs and with the 
groundfish fishery regulations would reduce confusion for users of the 
documents. The BSAI FMP title would be revised to ``The Fishery 
Management Plan for Groundfish of the Bering Sea and Aleutian Islands 
Management Area.'' In Sec.  679.1(b), the title of the BSAI FMP would 
be revised to reflect the new title that would result from approval of 
Amendment 48 to the BSAI FMP.
    Sections 679.20 and 679.21 would be revised to implement the new 
administrative process for harvest specifications under Amendments 48/
48. In Sec. Sec.  679.20(c)(1) and (c)(3), and Sec. Sec.  
679.21(d)(1)(i), (e)(1)(ii), (e)(1)(iii), and (e)(6)(i), the revisions 
would allow proposed and final harvest specifications to remain in 
effect for up to two fishing years. These revisions would allow 
flexibility for harvest specifications to be effective for more than 12 
months, allowing time to comply with APA rulemaking requirements and 
ensuring that management would be based on the best scientific 
information available.
    Section 679.20(c)(1) would be further revised to remove the 
requirement to address the U. S. harvesting and processing capacity in 
the proposed harvest specifications. This was necessary when foreign 
groundfish fishing occurred before the 1990s. Harvesting and processing 
groundfish in Alaskan waters is performed exclusively by U. S. owned 
and operated vessels and processors under the Magnuson-Stevens Act and 
the American Fisheries Act (AFA). Amendments 48/48 would remove 
references to allocations to foreign fishing in the FMPs and this 
revision would make the regulations consistent with the FMPs.
    The proposed rule would allow NMFS to specify the length of the 
public comment period for the proposed harvest specifications when the 
proposed specifications are published. Current regulations require a 
public comment period of 30 days (Sec. Sec.  679.20(c)(1), 
679.21(d)(2), and 679.21(e)(6)(ii)). The proposed rule would afford 
NMFS the discretion to specify a comment period of appropriate length 
under the circumstances present when the proposed specifications are 
published.
    The proposed rule would rescind provisions for interim harvest 
specifications at Sec.  679.20(c)(2) on April 1, 2005. However, as NMFS 
implements the new harvest specification process, interim harvest 
specifications would be needed in the first year until the new harvest 
specifications are effective. The use of interim harvest specifications 
until April 1, 2005, would ensure no disruption to the groundfish 
fisheries until the final harvest specifications are effective. Once 
the new process is in place, interim harvest specifications would no 
longer be needed, and therefore, the applicable regulatory provision 
would be rescinded on April 1, 2005.
    The species listed for seasonal allowances for the final harvest 
specifications under Sec. Sec.  679.20 (c)(1)(ii), (c)(1)(iii), 
(c)(3)(ii) and (c)(3)(iii) would be revised by the proposed rule. The 
Steller sea lion protection measures (68 FR 204, January 2, 2003) 
require the seasonal apportionment of the harvest of Pacific cod, 
pollock, and Atka mackerel in the BSAI and of Pacific cod and pollock 
in the GOA. The current regulations reference seasonal harvest 
specifications only for pollock in the BSAI and GOA. The proposed rule 
would add Pacific cod and Atka mackerel seasonal allowances to the BSAI 
harvest specifications and Pacific cod seasonal allowances to the GOA 
harvest specifications. Paragraphs (c)(1)(ii) and (c)(1)(iii) also 
would be revised to be consistent with (c)(3)(ii) and (c)(3)(iii) so 
that proposed and final harvest specifications contents would be 
consistent.
    The proposed rule would revise Sec. Sec.  679.20(c)(5), 
679.20(c)(6), and 679.62(a)(3) to remove references to interim harvest 
specifications. Interim harvest specifications would not be used once 
the new harvest specifications process is effective. This revision 
would be effective April 1, 2005, when the regulations for interim 
harvest specifications at Sec.  679.20(c)(2) are no longer effective.

Classification

    NMFS has not yet determined whether the amendments that this 
proposed rule would implement is consistent with the national standards 
of the Magnuson-Stevens Act and other applicable laws. In making that 
determination, NMFS will take into account the data, views, and 
comments received during the comment period.
    This proposed rule has been determined to be not significant for 
the purposes of Executive Order 12866.
    NMFS prepared an Initial Regulatory Flexibility Analysis (IRFA) to 
evaluate alternative regulatory actions that would change the way the 
annual harvest specifications are established for the GOA and BSAI 
groundfish fisheries. The IRFA examines the impacts of the alternative 
actions on small fishing entities, and addresses the statutory 
requirements of the Regulatory Flexibility Act of 1980, as amended by 
the Small Business Regulatory Enforcement Fairness Act of 1996. The 
IRFA requirements are given at 5 U.S.C. 603.
    The current harvest specifications process provides a very short 
period of time in which to develop and implement annual harvest 
specifications. The key biomass survey data become available in 
September and October. The fishing year begins on the following January 
1. This leaves only a short time to evaluate the survey data and update 
fishery models, obtain peer review of this work, receive review and 
comment from the Council's SSC and AP, develop the Council's 
recommendations, provide for public notice and comment, publish a final 
rule, and meet the APA requirement for a 30-day delay of effectiveness.
    The goals in revising the harvest specifications process are to: 
(1) manage fisheries based on the best scientific information 
available, (2) provide for adequate prior public review and comment to 
the Secretary on Council recommendations, (3) provide for additional 
opportunity for Secretarial review, (4) minimize unnecessary disruption 
to fisheries and public confusion, and (5) promote administrative 
efficiency.
    The entities directly regulated by this action are those that 
commercially harvest federally managed groundfish in the BSAI and GOA. 
These entities include the groundfish catcher vessels and catcher/
processor vessels active in these areas. They also include 
organizations to whom direct allocations of groundfish are made. In the 
BSAI, this includes the CDQ groups and the AFA fishing cooperatives.
    Pursuant to the Small Business Administration criteria and NMFS 
guidelines, fishing vessels, including catcher vessels and catcher/
processors, are considered ``small entities'' if they gross less than 
$3.5 million in a year, when all their affiliated elements are taken 
together. Catcher vessel gross revenues are measured at the ex-vessel 
level. Catcher/processor revenues are the first wholesale value of the 
processed product. About 832-838 catcher vessels, 30-33 catcher/
processors, and six CDQ groups were

[[Page 44638]]

estimated to be small entities under this criterion.
    The proposed regulatory amendments do not impose new recordkeeping 
or reporting requirements on the regulated small entities.
    The EA/RIR/IRFA did not reveal any federal rules that duplicate, 
overlap or conflict with the proposed action.
    Four alternatives to the preferred alternative were considered. 
Alternative 1 would require NMFS to publish proposed specifications, 
followed by interim and final specifications, under the status quo 
schedule. This alternative is the most constraining of the alternatives 
with respect to small businesses' access to the decision-making 
process. Alternative 1 may result in larger harvests than Alternatives 
2 through 4, and thus, potentially higher average revenues for small 
entities. This alternative fails to achieve the objectives of the 
proposed action in that it does not provide opportunity for prior 
public review and comment on interim specifications and does not 
guarantee meaningful opportunity for public comment on the proposed 
specifications to the Secretary. For this reason, this alternative was 
not chosen.
    Alternative 2 would eliminate interim harvest specifications, and 
would require NMFS to issue proposed and final harvest specifications 
before the start of the fishing year. This alternative would introduce 
an additional year's lag between the time fishery survey data become 
available and the time harvest specifications based on those data are 
implemented. This alternative would improve opportunities for small 
businesses' access to the decision making process. However, the 
alternative may result in reductions in groundfish harvests and 
revenues and with increased year-to-year variation in harvests. These 
changes could reduce small entities' revenues, but disproportionate 
impacts on small entities are not identified. These potential adverse 
effects to small entities outweigh the benefits from an enhanced 
rulemaking process. The potential for revenue reductions caused this 
alternative to be rejected.
    Alternative 3 would postpone the start of the fishing year by six 
months to provide enough time for proposed and final harvest 
specifications. An option to this alternative would postpone the start 
of the fishing year for most species by six months, but would not 
change the fishing year for sablefish IFQ fisheries. This option would 
protect the IFQ management of the sablefish fisheries. This alternative 
would have revenue impacts very similar to those for Alternative 5, but 
was not preferred to Alternative 5 due to the administrative problems 
for managers and fishermen that might be associated with a change in 
the fishing year.
    Alternative 4 would use stock assessment projections to prepare 
biennial harvest specifications, while setting PSC limits annually. 
This alternative would improve opportunities for small business access 
to the decision making process. The two options for this alternative 
are likely to result in larger potential reductions in harvests and 
revenues than Alternative 2, and more potential for year-to-year 
variation in harvests. The changes could reduce small entities' 
revenues, but disproportionate impacts on small entities are not 
identified. The potential adverse effects outweigh the enhanced 
rulemaking process in the alternative. This is no better for directly 
regulated small entities than Alternative 5.
    Alternative 5 is the preferred alternative. Under this alternative, 
harvest specifications would be set for up to two years. Harvest 
specifications would be superseded by new harvest specifications 
typically published between March and June of the second year. This 
alternative would provide increased opportunities for notice and 
comment under the APA. This alternative would introduce relatively 
modest lags between biological surveys and subsequent harvest 
specifications, thus creating relatively modest adverse revenue impacts 
compared to Alternatives 2 and 4. If a second proposed rule is 
required, the revenue effects would be similar to Alternative 3; if 
not, they may be similar to those for Alternative 1.

List of Subjects in 50 CFR Part 679

    Alaska, Fisheries, Recordkeeping and reporting requirements.

    Dated: July 20, 2004.
Rebecca Lent,
Deputy Assistant Administrator for Regulatory Programs, National Marine 
Fisheries Service.
    For reasons set out in the preamble, 50 CFR part 679 is proposed to 
be amended as follows:

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

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

    Authority: 16 U.S.C. 773 et seq., 1801 et seq., and 3631 et 
seq.; 16 U.S.C. 1540(f); Pub. L. 105-277, Title II of Division C; 
Pub L. 106-31, Sec. 3027; and Pub. L.106-554, Sec. 209.
    2. In Sec.  679.1, the introductory heading of paragraph (b) is 
revised to read as follows:


Sec.  679.1  Purpose and scope.

* * * * *
    (b) Fishery Management Plan for Groundfish of the Bering Sea and 
Aleutian Islands Management Area. * * *
* * * * *
    3. In Sec.  679.20, paragraphs (c)(1), (c)(3), (c)(5), (c)(6), and 
the introductory paragraph to (c)(2) are revised to read as follows:


Sec.  679.20  General limitations.

* * * * *
    (c) Annual specifications. --(1) Proposed specifications--(i) 
Notification. As soon as practicable after consultation with the 
Council, NMFS will publish proposed specifications for the groundfish 
fisheries in the BSAI and the GOA.
    (ii) Public comment. NMFS will accept public comment on the 
proposed specifications established by this section and by Sec.  679.21 
for a period specified in the notice of proposed specifications 
published in the Federal Register.
    (iii) GOA. The proposed specifications will specify for up to 2 
fishing years the annual TAC for each target species and the ``other 
species'' category and apportionments thereof, halibut prohibited 
species catch amounts, and seasonal allowances of pollock and Pacific 
cod.
    (iv) BSAI. The proposed specifications will specify for up to 2 
fishing years the annual TAC for each target species and the ``other 
species'' category and apportionments thereof, PSQ reserves and 
prohibited species catch allowances, seasonal allowances of pollock, 
Pacific cod, and Atka mackerel TAC (including pollock, Pacific cod, and 
Atka mackerel CDQ), and CDQ reserve amounts.
    (2) Interim specifications. (Applicable until April 1, 2005.) 
Interim harvest specifications will be in effect on January 1 and will 
remain in effect until superseded by the filing of the final 
specifications by the Office of the Federal Register. Interim 
specifications will be established as follows:
* * * * *
    (3) Final specifications--(i) Procedure and notification. NMFS will 
consider comments received on the proposed specifications and, after 
consultation with the Council, will publish a notice of final 
specifications in the Federal Register unless NMFS determines that the 
final specifications would not be a logical outgrowth of the notice of

[[Page 44639]]

proposed specifications. In that event, NMFS will either:
    (A) Publish a revised notice of proposed specifications in the 
Federal Register for public comment, and after considering comments 
received on the revised proposed specifications, publish a notice of 
final specifications in the Federal Register; or
    (B) Publish a notice of final specifications in the Federal 
Register without an additional opportunity for public comment based on 
a finding that good cause pursuant to the Administrative Procedure Act 
justifies waiver of the requirement for a revised notice of proposed 
specifications and opportunity for public comment thereon.
    (ii) GOA. The final specifications will specify for up to 2 fishing 
years the annual TAC for each target species and the ``other species'' 
category and apportionments thereof, halibut prohibited species catch 
amounts, and seasonal allowances of pollock and Pacific cod.
    (iii) BSAI. The final specifications will specify for up to 2 
fishing years the annual TAC for each target species and the ``other 
species'' category and apportionments thereof, PSQ reserves and 
prohibited species catch allowances, seasonal allowances of pollock, 
Pacific cod, and Atka mackerel TAC (including pollock, Pacific cod, and 
Atka mackerel CDQ), and CDQ reserve amounts.
* * * * *
    (5) BSAI Pacific cod gear allocations. (Effective April 1, 2005.) 
The proposed and final specifications will specify the allocation of 
BSAI Pacific cod among gear types as authorized under paragraph (a)(7) 
of this section.
    (6) BSAI Atka mackerel allocations. (Effective April 1, 2005.) The 
proposed and final specifications will specify the allocation of BSAI 
Atka mackerel among gear types and HLA fisheries as authorized under 
paragraph (a)(8) of this section.
* * * * *
    4. In Sec.  679.21, paragraphs (d)(1)(i), (d)(2), and (e)(6), and 
introductory paragraphs to (e)(1)(ii) and (e)(1)(iii), are revised to 
read as follows:


Sec.  679.21  Prohibited species bycatch management.

* * * * *
    (d) * * *
    (1) * * *
    (i) Proposed and final limits and apportionments. NMFS will publish 
in the Federal Register proposed and final halibut PSC limits, and 
apportionments thereof, in the notification required under Sec.  
679.20.
* * * * *
    (2) Public comment. NMFS will accept public comment on the proposed 
halibut PSC limits, and apportionments thereof, for a period specified 
in the notice of proposed halibut PSC limits published in the Federal 
Register. NMFS will consider comments received on proposed halibut PSC 
limits and, after consultation with the Council, will publish 
notification in the Federal Register specifying the final halibut PSC 
limits and apportionments thereof.
* * * * *
    (e) * * *
    (1) * * *
    (ii) Red king crab in Zone 1. The PSC limit of red king crab caught 
by trawl vessels while engaged in directed fishing for groundfish in 
Zone 1 during any fishing year will be specified for up to 2 fishing 
years by NMFS, after consultation with the Council, based on abundance 
and spawning biomass of red king crab using the criteria set out under 
paragraphs (e)(1)(iii)(A) through (C) of this section. The following 
table refers to the PSC limits for red king crab that you must follow 
in Zone 1:
* * * * *
    (iii) Tanner crab (C. bairdi). The PSC limit of C. bairdi crabs 
caught by trawl vessels while engaged in directed fishing for 
groundfish in Zones 1 and 2 during any fishing year will be specified 
for up to 2 fishing years by NMFS under paragraph (e)(6) of this 
section, based on total abundance of C. bairdi crabs as indicated by 
the NMFS annual bottom trawl survey, using the criteria set out under 
paragraphs (e)(1)(iii)(A) and (B) of this section.
* * * * *
    (6) Notification--(i) General. NMFS will publish in the Federal 
Register, for up to 2 fishing years, the annual red king crab PSC 
limit, and, if applicable, the amount of this PSC limit specified for 
the RKCSS, the annual C. bairdi PSC limit, the annual C. opilio PSC 
limit, the proposed and final PSQ reserve amounts, the proposed and 
final bycatch allowances, the seasonal apportionments thereof, and the 
manner in which seasonal apportionments of nontrawl fishery bycatch 
allowances will be managed, as required by paragraph (e) of this 
section.
    (ii) Public comment. Public comment will be accepted by NMFS on the 
proposed annual red king crab PSC limit and, if applicable, the amount 
of this PSC limit specified for the RKCSS, the annual C. bairdi PSC 
limit, the annual C. opilio PSC limit, the proposed and final bycatch 
allowances, seasonal apportionments thereof, and the manner in which 
seasonal apportionments of nontrawl fishery bycatch allowances will be 
managed, for a period specified in the notice of proposed 
specifications published in the Federal Register.
* * * * *
    5. In Sec.  679.62, paragraph (a)(3) is revised to read as follows:


Sec.  679.62  Inshore sector cooperative allocation program.

    (a) * * *
    (3) Conversion of quota share percentage to TAC allocations. 
(Effective April 1, 2005) Each inshore pollock cooperative that 
receives a quota share percentage for a fishing year will receive an 
annual allocation of Bering Sea and/or Aleutian Islands pollock that is 
equal to the cooperative's quota share percentage for that subarea 
multiplied by the annual inshore pollock allocation for that subarea. 
Each cooperative's annual pollock TAC allocation may be published in 
the proposed and final BSAI harvest specifications notice.
* * * * *
[FR Doc. 04-16957 Filed 7-26-04; 8:45 am]
BILLING CODE 3510-22-S