[Federal Register Volume 69, Number 159 (Wednesday, August 18, 2004)]
[Rules and Regulations]
[Pages 51191-51193]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-18958]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 679

[Docket No. 040521156-4228-02; I.D. 051704E]
RIN 0648-AS10


Fisheries of the Exclusive Economic Zone Off Alaska; Removal of a 
Harvest Restriction for the Harvest Limit Area Atka Mackerel Fishery in 
the Aleutian Islands Subarea

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

[[Page 51192]]


ACTION: Final rule.

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SUMMARY: NMFS issues a final rule that removes a harvest restriction on 
participants in the harvest limit area (HLA) Atka mackerel fishery in 
the Aleutian Islands subarea. The regulatory amendment allows 
participants assigned to an HLA fishery to harvest Atka mackerel 
outside of the HLA during the first HLA fishery in each of two seasons. 
This action allows participants to harvest Atka mackerel efficiently, 
reduces competition with Steller sea lions for prey species within the 
HLA, and does not increase competition among participants in the 
groundfish fisheries. This action is intended to promote the goals and 
objectives of the Magnuson-Stevens Fishery Conservation and Management 
Act (Magnuson-Stevens Act), the Fishery Management Plan for the 
Groundfish Fishery of the Bering Sea and Aleutian Islands (FMP), and 
other applicable laws.

DATES: Effective September 17, 2004.

ADDRESSES: Copies of the Regulatory Impact Review (RIR) prepared for 
this action and the 2000 and 2001 Biological Opinions on the groundfish 
fisheries may be obtained from NMFS, Alaska Region, P.O. Box 21668, 
Juneau, AK 99802, Attn: Lori Durall, 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 Bering Sea and Aleutian Islands management area 
are managed under the FMP. The North Pacific Fishery Management Council 
prepared the FMP under the authority of the Magnuson-Stevens Act, 16 
U.S.C. 1801, et seq. Regulations implementing the FMP appear at 50 CFR 
part 679. General regulations governing U.S. fisheries also appear at 
50 CFR part 600.

Background

    The western distinct population segment (DPS) of Steller sea lions 
has been listed as endangered under the Endangered Species Act, and 
critical habitat has been designated for this DPS (50 CFR 226.202). In 
order to protect Steller sea lions from jeopardy of extinction and 
their critical habitat from adverse modification from the effects of 
the groundfish fisheries, temporal and spatial harvest restrictions 
were established in regulations for the groundfish fisheries of Alaska 
(68 FR 204, January 2, 2003). Atka mackerel is an important prey 
species for Steller sea lions. Under the harvest restrictions, the 
harvest of Atka mackerel in the Aleutian Islands subarea is managed to 
control the amount of harvest over time and area. The details for 
managing the Atka mackerel fishery in 2004 are in the annual harvest 
specifications (69 FR 9242, February 27, 2004).
    The regulations at 50 CFR 679.20(a)(8) establish a HLA fishery to 
control the removal of Atka mackerel in the HLA. The details of the HLA 
fishery are explained in the proposed rule for Steller sea lion 
protection measures (67 FR 56692, September 4, 2002). The HLA is the 
waters of statistical areas 542 and 543 west of 178[deg] W longitude 
within 20 nautical miles seaward of sites listed in Table 6 of 50 CFR 
part 679 and located west of 177[deg]57.00' W longitude. This area 
includes critical habitat for Steller sea lions and additional waters 
around haulouts that are considered important for Steller sea lion 
foraging.
    To reduce the amount of daily catch in the HLA by about half and to 
disperse the fishery over two areas, the Atka mackerel trawl fleet is 
divided into two groups assigned to fish in the HLA in either 
statistical area 542 or statistical area 543. HLA fisheries are 
conducted twice in each of two seasons. The current regulations at 
Sec.  679.7(a)(19) and Sec.  679.20 (a)(8)(iii) prohibit fishing for 
all groundfish outside the HLA, including Atka mackerel, during the 
first assigned HLA fishery in a season. The intent of this prohibition 
is to ensure participants in the HLA fishery do not switch to another 
groundfish fishery during these time periods and increase competition 
with participants in those fisheries.
    This final rule allows participants in the HLA fishery to fish for 
Atka mackerel outside of the HLA during the first assigned HLA fishery 
in a season. The prohibition on fishing for groundfish species other 
than Atka mackerel during the first assigned HLA fishery is not 
affected by this final rule. This action provides the potential for 
additional reduction in the rate of Atka mackerel harvest in the HLA 
consistent with the objectives of the Steller sea lion protection 
measures. The final rule also provides the fishing industry with 
additional locations during the first HLA fisheries to Atka mackerel 
fishing grounds outside of critical habitat without competing with 
other groundfish fisheries.
    The proposed rule for this action was published in the Federal 
Register on June 2, 2004 (69 FR 31085), with a comment period ending 
June 17, 2004. No changes were made from the proposed rule in the final 
rule.

Comments and Responses

    One email comment was received regarding the proposed rule. The 
email contained three separate comments which are summarized and 
responded to below.
    Comment 1: The email address for submitting comments on the 
proposed rule is ridiculous. It can be easily mistyped which may result 
in lost comments.
    Response: NMFS email addresses for providing public comment on 
proposed actions contain text that identifies the action on which 
comments are being accepted. The email address for the proposed rule 
for this action was AM-HLA-0648-AS10. ``AM'' stands for Atka mackerel, 
``HLA'' stands for harvest limit area, and ``0684-AS10'' is the 
regulatory identification number that was assigned to this action. By 
using these identifiers in the email address, NMFS can easily sort 
emails received on a number of actions that are concurrently open for 
public comment, ensuring public comments are attributed to the correct 
action. The email commenter will need to carefully type the email 
address, but the extra effort to type the address will ensure the 
comment is received and is considered for the correct action.
    Comment 2: The commercial fisheries participants seem to not want 
fish to be available to Steller sea lions. This is abusive to Steller 
sea lions, and the fishery quotas should be cut.
    Response: The action provides additional protection to Steller sea 
lions by allowing Atka mackerel fishers to harvest Atka mackerel 
outside of the HLA, an area important for Steller sea lion foraging. 
The initial request for this action came from commercial fishing 
industry representatives based on their concern for efficient harvest 
of Atka mackerel and the additional benefit that potentially could 
result for Steller sea lions by reducing competition for Atka mackerel 
in the HLA.
    The Atka mackerel total allowable catch (TAC) amounts are set at 
conservative levels each year during the harvest specifications 
process, and annual harvest is dispersed over time and space as 
required by the specifications and fishery regulations. The process of 
setting the TAC amounts and controlling the spatial and temporal 
harvest of Atka mackerel meets the requirements of the Steller sea lion 
protection measures. A reduction of TAC is not needed at this time 
based on the abundance and condition of the Atka mackerel stock and the 
fishery's compliance with Steller sea lion protection measures.

[[Page 51193]]

    Comment 3: The proposed action shows that NOAA is not acting to 
protect any wildlife at all.
    Response: The Atka mackerel fishery is conducted in compliance with 
the Steller sea lion protection measures. These measures were designed 
to allow the harvest of Atka mackerel in a manner that does not 
jeopardize the continued existence or destroy or adversely modify 
critical habitat for the western distinct population segment of Steller 
sea lions. This action has the potential to provide additional 
protection to Steller sea lions by reducing potential competition for 
prey within the HLA.

Classification

    This final rule has been determined to be not significant for the 
purposes of Executive Order 12866.
    The Chief Counsel for Regulation of the Department of Commerce 
certified to the Chief Counsel for Advocacy of the Small Business 
Administration during the proposed rule stage that this action would 
not have a significant economic impact on a substantial number of small 
entities. No comments were received regarding this certification or the 
economic impact of the rule. As a result, a regulatory flexibility 
analysis was not required and none prepared.

List of Subjects in 50 CFR Part 679

    Alaska, Fisheries, Recordkeeping and reporting requirements.

    Dated: August 12, 2004.
Rebecca Lent,
Deputy Assistant Administrator for Regulatory Programs, National Marine 
Fisheries Service.

0
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

0
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.

0
2. In Sec.  679.7, paragraph (a)(19) is revised to read as follows:


Sec.  679.7  Prohibitions.

* * * * *
    (a) * * *
    (19) Atka Mackerel HLA Groundfish Prohibition. For vessels 
registered for an Atka mackerel HLA directed fishery under Sec.  
679.20(a)(8)(iii), conduct directed fishing for groundfish, other than 
Atka mackerel, 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.
* * * * *

0
3. In Sec.  679.20, paragraph (a)(8)(iii)(F) is revised to read as 
follows:


Sec.  679.20  General limitations.

* * * * *
    (a) * * *
    (8) * * *
    (iii) * * *
    (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 Atka 
mackerel, during the opening of the first HLA directed fishery assigned 
to the vessel in a season, as specified in Sec.  679.7(a)(19).
* * * * *
[FR Doc. 04-18958 Filed 8-17-04; 8:45 am]
BILLING CODE 3510-22-S