Fishery conservation and management: Alaska; fisheries of Exclusive Economic Zone Pollock; Steller sea lion protection measures,
[Federal Register: January 22, 1999 (Volume 64, Number 14)]
[Rules and Regulations]
[Page 3437-3446]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr22ja99-15]
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
[Docket No. 990115017-9017-01; I.D. 011199A]
RIN 0648-AM08
Fisheries of the Exclusive Economic Zone Off Alaska; Steller Sea Lion Protection Measures for the Pollock Fisheries Off Alaska
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce.
ACTION: Emergency interim rule; revision to 1999 interim harvest specifications; technical amendment to Steller sea lion no-trawl zones; request for comments.
SUMMARY: NMFS issues an emergency interim rule implementing reasonable and prudent alternatives to avoid the likelihood that the pollock fisheries off Alaska will jeopardize the continued existence of the western population of Steller sea lions or adversely modify their critical habitat. This emergency rule would implement three types of management measures for the pollock fisheries of the Bering Sea and Aleutian Islands Management Area (BSAI) and Gulf of Alaska (GOA): Measures to temporally disperse fishing effort, measures to spatially disperse fishing effort, and pollock trawl exclusion zones around important Steller sea lion rookeries and haulouts. These emergency measures are necessary and must be effective before the start of the BSAI and GOA pollock fisheries on January 20, 1999, or NMFS will be obligated under the Endangered Species Act to close all fishing for pollock until such measures are in place.
DATES: Effective January 20, 1999, through July 19, 1999. Comments must be received by February 22, 1999.
ADDRESSES: Comments may be sent to Sue Salveson, Assistant Regional Administrator, Sustainable Fisheries Division, Alaska Region, NMFS, P.O. Box 21668, Juneau, AK 99802, Attn: Lori Gravel, or delivered to the Federal Building, 709 West 9th Street, Juneau, AK. Copies of the Biological Opinion
[[Page 3438]]
(BO) on the pollock fisheries of the BSAI and GOA and the Atka mackerel fishery of the Aleutian Islands Subarea, and the Environmental Assessment/Regulatory Impact Review (EA/RIR) prepared for the emergency rule may be obtained from the same address. The BO is also available on the Alaska Region home page at http://www.fakr.noaa.gov.
FOR FURTHER INFORMATION CONTACT: Kent Lind, 907-586-7228 or kent.lind@noaa.gov.
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 Fishery Conservation and Management Act (Magnuson-Stevens Act), 16 U.S.C. 1801, et seq., implemented by regulations appearing at 50 CFR part 679. Regulations governing U.S. fisheries and implementing the FMPs appear at 50 CFR parts 600 and 679 respectively.
Purpose and Need for Action
NMFS issued a BO dated December 3, 1998, and revised December 16, 1998, on the pollock fisheries of the BSAI and GOA and the Atka mackerel fishery of the Aleutian Islands Subarea. The BO concluded that the BSAI and GOA pollock trawl fisheries, as currently managed, are likely to (1) jeopardize the continued existence of the western population of Steller sea lions and (2) adversely modify its critical habitat. The clause ``jeopardize the continued existence of'' means ``to engage in an action that reasonably would be expected, directly or indirectly, to reduce appreciably the likelihood of both the survival and recovery of a listed species in the wild by reducing the reproduction, numbers, or distribution of that species'' (50 CFR 402.02). The clause ``adversely modify its critical habitat'' means ``a direct or indirect alteration that appreciably diminishes the value of critical habitat for both the survival and recovery of a listed species. Such alterations include, but are not limited to, alterations adversely modifying any of those physical or biological features that were the basis for determining the habitat to be critical'' (50 CFR 402.02). The BO also concluded that the Atka mackerel fishery, as modified by recent regulatory changes, is not likely to jeopardize the continued existence of Steller sea lions or their critical habitat.
In 1990, NMFS designated the Steller sea lion as a threatened species under the Endangered Species Act of 1973. The designation followed severe declines throughout much of the GOA and Aleutian Islands region. In 1993, NMFS defined critical habitat for the species to include (among other areas), the marine areas within 20 nautical miles (nm) of major rookeries and haulouts of the species west of 144 deg. W longitude. In 1997, NMFS recognized two separate populations, and reclassified the western population (west of 144 deg. W longitude) as endangered. Counts of adults and juveniles in the western population of Steller sea lions declined from about 110,000 to about 30,500 between the late 1970s and 1990, a decline of 72 percent. The decline has continued, with counts of adults and juveniles declining 27 percent from 1990 to 1996, and an additional 9 percent from 1996 through 1998. Similarly, counts of pups dropped by 19 percent from 1994 through 1998. The absolute magnitude of the decline has been smaller in recent years because the western population is already at a severely reduced level. However, the continued decline remains a serious problem.
Multiple factors have contributed to the decline, but considerable evidence indicates that lack of available prey is a major problem. Foraging studies confirm that Steller sea lions depend on pollock as a major prey source, and sea lions may be particularly sensitive to the availability of prey during the winter. The significance of pollock in the diet of sea lions may have increased since the 1970s due to shifts in the Bering Sea ecosystem related to oceanographic changes. Pollock are also the target of the largest commercial fisheries in Alaska, fisheries that have grown increasingly concentrated in time and space. This concentration of effort occurs largely in areas designated as Steller sea lion critical habitat and may reduce prey availability at critical times in the life history of sea lions. For these reasons, the BO concluded that the pollock fisheries of the BSAI and GOA may compete with sea lions and either contribute to their decline or impede their recovery. Additional information on Steller sea lions and the pollock fisheries of the BSAI and GOA is contained in the BO and in the EA prepared for this action (See ADDRESSES).
The BO concluded that, to avoid the likelihood of jeopardizing the continued existence of the western population of Steller sea lions or of adversely modifying its critical habitat, reasonable and prudent alternatives to the existing pollock trawl fisheries in the BSAI and GOA must accomplish three basic principles: (1) Temporal dispersion of fishing effort, (2) spatial dispersion of fishing effort, and (3) pollock trawl exclusion zones around Steller sea lion rookeries and haulouts. The BO also contained examples of specific management measures that would implement the three basic principles.
At its December, 1998 meeting, the Council deliberated on various management measures to implement the principles described in the BO. After significant debate and public comment, the Council voted to adopt a series of emergency measures to protect Steller sea lions. After review, NMFS has determined that the Council's recommended measures, with certain modifications, adhere to the principles identified in the BO. The Council's motion forms the basis for the management measures contained in this emergency rule.
Elements of the Emergency Rule
Aleutian Islands Closure
The emergency rule closes the Aleutian Islands Subarea to directed fishing for pollock. This closure, recommended by the Council as part of its emergency rule recommendation, is consistent with the principles contained within the BO. In light of its recommendation to close the Aleutian Islands Subarea to directed fishing for pollock, the Council also recommended that the pollock total allowable catch (TAC) for the Aleutian Islands Subarea be reduced to 2,000 metric tons (mt) to provide for incidental catch of pollock by vessels participating in other groundfish fisheries. This TAC recommendation, if approved by NMFS, will be published in the final 1999 BSAI harvest specifications.
Pollock Trawl Exclusion Zones
This emergency rule prohibits directed fishing for pollock within either 10 or 20 nm of rookeries and haulouts in the Bering Sea Subarea and GOA. The location, size, and period of each exclusion zone are set out in the Tables 12 and 13 of 50 CFR part 679 of the codified text. The size of the exclusion zones in each area reflects the relative widths of the continental shelf. In the Bering Sea Subarea, the shelf is relatively wide and exclusion zones have radii of 20 nm. In the GOA, the shelf is narrower and exclusion zones have radii of 10 nm.
NMFS approved these sites on the basis of ten Steller sea lion counts
[[Page 3439]]
conducted since 1979 during the reproductive season (summer) and non- reproductive season (winter). NMFS used the following criteria to identify and approve sites that require exclusion zones and to determine the period of the closure: 1. Rookeries
All rookery sites have 10 or 20 nm year-round pollock trawl exclusion zones. 2. Summer Haulouts
Haulouts with greater than 200 sea lions in a summer survey since 1979 and less than 75 sea lions in winter surveys since 1979 have 10 or 20 nm pollock trawl exclusion zones effective May 1 through October 31. 3. Winter Haulouts
Haulouts with less than 200 sea lions in summer surveys since 1979 and greater than 75 sea lions in a winter survey since 1979 have 10 or 20 nm pollock trawl exclusion zones effective November 1 through April 31. 4. Year-Round Haulouts
Haulouts with greater than 200 sea lions in a summer survey since 1979 and greater than 75 sea lions in a winter survey since 1979 have year-round 10 or 20 nm pollock trawl exclusion zones.
The Council's emergency rule recommendations contained all of the pollock exclusion zones put forth by NMFS in the BO with one exception in the Bering Sea Subarea and eight exceptions in the GOA.
In the Bering Sea Subarea, the Council recommended no closure for a proposed 20 nm exclusion zone around the Cape Sarichef haulout. The BO states that ``some of the principles identified above may be accomplished by an incremental or phased approach if the incremental approach does not jeopardize the continued existence of the western population of Steller sea lions. The phase in of any reasonable and prudent alternative must not be drawn out, and two years is a general guideline with a significant portion occurring in year one.''
Consistent with the BO, and based on the above criteria, NMFS has decided to phase in the exclusion zone around this haulout with a 10 nm exclusion zone in 1999 and anticipates extending the exclusion zone to 20 nm for 2000 and beyond.
In the GOA, the Council recommended no closures around Cape Barnabas, Gull Point, Rugged Island, Point Elrington, Cape Ikolik, Needles, Mitrofania, and Sea Lion Rocks. Based on the above criteria, NMFS has decided to implement a 1 year phase-in period for these locations. For 1999, NMFS has decided not to implement exclusion zones at these locations, and anticipates phasing-in 10 nm exclusion zones for 2000 and beyond. The extension of exclusion zones for Cape Sarichef and the eight locations in the GOA would be accomplished through separate rulemaking.
Although the Council's recommended measures included pollock trawl exclusion zones in the Aleutian Islands Subarea, implementation of these exclusion zones becomes unnecessary with the closure of the Subarea to directed fishing for pollock. This emergency rule does not affect existing no-trawl and no-entry zones that apply to all groundfish fisheries. The new exclusion zones established by this emergency rule prohibit directed fishing for pollock only.
Bering Sea Management Measures
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Fishing Seasons
This emergency rule establishes new fishing seasons for the four sectors of the Bering Sea pollock fishery that are defined in the American Fisheries Act (AFA). These new fishing seasons are summarized in Table 1. This emergency rule also repeals existing fair start provisions that required vessels fishing for pollock in the Bering Sea Subarea to cease fishing for groundfish during the week leading up to each pollock season or face a mandatory stand down period during the first week of the pollock season. The Council has determined that these fair start requirements are no longer necessary given the protections for other fisheries that are contained within the AFA.
Table 1.--BSAI Pollock Fishing Seasons by Sector
Industry sector
Fishing season \1\
Community Inshore and catcher/ Mothership
development quota processor
(CDQ)
A1 Season..................................... Jan. 20-Feb. 15..... Feb. 1-April 15..... Jan. 20-April 15. A2 Season..................................... Feb. 20-April 15.... Feb. 1-April 15..... Jan. 20-April 15. B Season...................................... Aug. 1-Sept. 15..... Aug. 1-Sept. 15..... April. 15-Dec. 31. C Season...................................... Sept. 15-Nov. 1..... Sept. 15-Nov. 11.... April 15-Dec. 31.
\1\ The time of all openings and closures of fishing seasons, other than the beginning and end of the calendar fishing year, is 1200 hours, Alaska local time (A.l.t.).
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Seasonal Apportionment of TAC
The pollock TAC allocated to each industry sector will be apportioned to the fishing seasons previously identified according to the following formula set out in Table 2. Overages and underages may be ``rolled over'' to subsequent fishing seasons during the same year, except that the combined fishing activities of all sectors during a fishing season may not exceed 30 percent of the annual TAC.
Table 2.--BSAI Seasonal Apportionments of Pollock TAC
Industry Sector (in percent)
Fishing Season
Inshore and Catcher/
Mothership
CDQ processor
A1 Season....................................................
27.5
40
45 A2 Season....................................................
12.5
40
45 B Season.....................................................
30
30
55
[[Page 3440]]
C Season.....................................................
30
30
55
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Critical Habitat/Catcher Vessel Operational Area (CH/CVOA) Conservation Zone
This emergency rule establishes a combined CH/CVOA conservation zone for the purpose of regulating total removals of pollock. This CH/ CVOA conservation zone includes the portion of Bering Sea critical habitat known as the Bogoslof foraging area and the portion of the CVOA that extends eastward from the Bogoslof foraging area. The CH/CVOA conservation zone 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.;
56 deg.00' N lat. 163 deg.00' W long.
This emergency rule restricts pollock harvests within the CH/CVOA conservation zone during the A1 and A2 seasons to a percentage of each sector's seasonal TAC apportionment according to the percentages displayed in Table 3.
Table 3.--TAC Limits Within the CH/CVOA Conservation Zone
Industry sector (in percent)
Fishing season
Catcher/ Inshore processor Mothership
CDQ
A1 Season...............................................
70
40
50
100 A2 Season...............................................
70
40
50
100 B Season................................................
[reserved] C Season................................................
[reserved]
NMFS will monitor catch by each industry sector and close the CH/ CVOA conservation zone to directed fishing for pollock by sector when NMFS determines that the specified CH/CVOA limit has been reached. The Council intended that inshore catcher vessels less than or equal to 99 ft (30.2 m) length overall (LOA) would be exempt from CH/CVOA closures from September 1 through March 31 unless the 70 percent cap for the inshore sector has been reached. NMFS will announce the closure of the CH/CVOA conservation zone to catcher vessels over 99ft (30.2 m) LOA before the inshore sector 70 percent limit is reached. NMFS will implement the closure in a manner intended to leave remaining quota within the CH/CVOA that is sufficient to support directed fishing for pollock by vessels less than or equal to 99ft (30.2 m) LOA for the duration of the current inshore sector opening.
An emergency rule implemented pursuant to the Magnuson-Stevens Act must not remain in effect for more than 180 days. This emergency rule will expire on July 19, 1999, and does not specify a spatial distribution of pollock TAC for the B and C seasons in the Bering Sea Subarea. NMFS has determined that the spatial dispersion scheme recommended by the Council for the B and C seasons does not adequately meet the principles for reasonable and prudent alternatives outlined in the BO. If the Council submits revised recommendations in a timely manner, NMFS will consider implementing them. In the absence of further recommendations by the Council that provide protections equivalent to or exceeding the principles contained in the BO, NMFS anticipates implementing through subsequent emergency rule the B and C season spatial allocation scheme contained in the BO. Under this scheme, the B and C season TAC allocations would be apportioned among the following three areas based on distribution of exploitable biomass as determined by summer surveys: (1) CH/CVOA conservation zone, (2) east of 170 deg. W long. and outside of the CH/CVOA conservation zone, and (3) west of 170 deg. W long. and north of 56 deg. N lat.
Gulf of Alaska Management Measures
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Fishing Seasons and TAC Apportionments
This emergency rule establishes new fishing seasons and pollock TAC apportionments in the Western and Central (W/C) Regulatory Areas of the GOA. These new fishing seasons are summarized in Table 4. The TAC for pollock in the combined W/C Regulatory Areas will continue to be apportioned among Statistical Areas 610, 620, and 630 in proportion to the distribution of the pollock biomass as determined by the most recent NMFS surveys. The pollock fishing season in the Eastern Regulatory Area will be unchanged.
Table 4.--Pollock Fishing Seasons and Seasonal TAC Apportionments for the Western and Central Regulatory Areas of the Gulf of Alaska
TAC
Dates \1\ Fishing season
apportionment ----------------------------------------------------------- (percent)
From
To
A Season.............................
30 January 20.................. April 1.
[[Page 3441]]
B Season.............................
20 June 1...................... July 1. C Season.............................
25 September 1................. The date of closure of a statistical area (610, 620, 630) to directed fishing, or October 1, whichever comes first. D Season.............................
25 Five days after the date of November 1. closure of a statistical area (610, 620, 630) to directed fishing in the C season.
\1\ The time of all openings and closures of fishing seasons, other than the beginning and end of the calendar fishing year, is 1200 hours, A.l.t.
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Limits on Pollock Catch Within Shelikof Strait
To prevent localized depletions of pollock within Shelikof Strait, an important winter foraging area for Steller sea lions, the emergency rule limits removals from within Shelikof Strait during the A season. For the purpose of this emergency rule, a Shelikof Strait conservation zone is defined as the area bound by straight lines and shoreline connecting the following coordinates in the following order:
58 deg.51' N lat. 153 deg.15' W long.;
58 deg.51' N lat. 152 deg.00' W long.; and, the intersection of 152 deg.00' W long. with Afognak Island; aligned counterclockwise around the shoreline of Afognak, Kodiak, and Raspberry Islands to
57 deg.00' N lat. 154 deg.00' W long.;
56 deg.30' N lat. 154 deg.00' W long.;
56 deg.30' N lat. 155 deg.00' W long.;
56 deg.00' N lat. 155 deg.00' W long.;
56 deg.00' N lat. 157 deg.00' W long.; and, the intersection of 157 deg.00' W long. with the Alaska Peninsula.
This area overlaps portions of statistical areas 620 and 630. The Shelikof Strait conservation zone catch limit is not a separate TAC for this area, but a limit on allowable removals from this area. Either one or both of the statistical areas could be closed to directed fishing upon attainment of the specific TACs before the Shelikof Strait catch limit is reached.
NMFS will determine the A season catch limit for the Shelikof Strait conservation zone by calculating a ratio equal to the most recent estimate of pollock biomass in Shelikof Strait divided by the most recent estimate of total pollock biomass in the GOA. NMFS will then multiply by the overall pollock TAC for the GOA and further multiplied by the A season apportionment of 30 percent. For 1999, NMFS has specified an interim Shelikof Strait catch limit of 15,857 mt (see the revised 1999 interim specifications below). When NMFS determines that the A season pollock removals from within the Shelikof Strait conservation zone have reached this specified limit, NMFS will prohibit directed fishing for pollock in Shelikof Strait. 3. W/C GOA Trip Limits
The Council recommended that NMFS establish a 300,000 lb trip limit for catcher vessels harvesting pollock in the directed pollock fisheries of the Western or Central Regulatory Areas of the Gulf of Alaska (W/C GOA). However, NMFS' recordkeeping and reporting requirements currently require that catch and landings be reported in metric tons (mt). NMFS is, therefore, rounding the Council's recommended 300,000 lb trip limit to the nearest equivalent in mt and establishing a trip limit of 136 mt. The emergency rule prohibits the operator of a catcher vessel fishing for groundfish in the W/C GOA from retaining on board more than 136 mt of pollock harvested in the W/C GOA. In addition, to prevent the large scale use of tender vessels to avoid the trip limit restriction, this rule also prohibits vessels operating as tenders from retaining on board more than 272 mt (the equivalent of 2 fishing trips) of unprocessed pollock that was harvested in the W/C GOA. This 136 mt trip limit does not exempt vessels from existing regulations that require 100 percent retention of pollock when directed fishing for pollock is open. A vessel operator must cease fishing for pollock during a fishing trip before the 136 mt trip limit is reached in order to avoid a violation of either the 136 mt trip limit or the 100 percent retention requirement for pollock.
Revised 1999 Interim Harvest Specifications for Pollock in the BSAI and GOA
The regulatory changes in this emergency rule require revision of the 1999 interim specifications of pollock TAC for the BSAI and GOA. Existing regulations at 50 CFR 679.20(c)(2) do not require that interim harvest specifications for pollock in the BSAI and GOA be temporally or spatially dispersed. However, the BO concluded that the current program for managing the BSAI and GOA pollock fisheries could jeopardize Steller sea lions or their critical habitat. Therefore, to allow the Bering Sea and GOA pollock fisheries to commence on January 20, 1999, this emergency rule also adjusts the 1999 interim specifications for pollock to comport with the reasonable and prudent management measures outlined above.
The specifications for Bering Sea Subarea pollock in Table 1 of the 1999 interim harvest specifications (64 FR 50, January 4, 1999) are replaced by the following Table 6. The interim specifications for pollock were changed for two reasons: (1) To comport with the temporal and spatial dispersions required by the BO, and (2) to incorporate the Council's final 1999 TAC recommendations for pollock, which are reduced from the 1999 proposed specifications.
[[Page 3442]]
Table 6.--Revised Interim 1999 TAC Amounts for Pollock in the Bering Sea Subarea
A1 Season \1\
A2 Season
Species and component
Area
CH/CVOA
CH/CVOA Interim TAC limit Interim TAC limit
Pollock:
Inshore.......................... BS
115,394 \2\ 80,776 52,452 \2\ 36,716
Offshore catcher/processor and BS
92,316 36,926 41,962 16,785 catcher vessel total. Listed catcher/processors \3\ BS
84,469 33,787 38,395 15,358 Listed catcher vessels \3\... BS
7,847
3,139
3,567
1,427
Mothership....................... BS
33,569 16,785
n/a
n/a
CDQ.............................. BS
44,640 44,640
n/a
n/a
\1\ The mothership and CDQ sectors have a single A season apportionment equal to 40 and 45 percent of their annual TAC allocations, respectively. \2\ Under the emergency rule, NMFS will close the CH/CVOA conservation zone to inshore vessels greater than 99 ft (30.2 m) LOA while maintaining a sufficient CH/CVOA allowance to support fishing activities by inshore catcher vessels under 99ft (30.2 m) LOA for the duration of the current opening. However, once the specified CH/CVOA limit is reached, all inshore vessels will be prohibited from engaging in directed fishing for pollock inside the CH/CVOA conservation zone. \3\ Section 210(c) of the AFA requires that not less than 8.5 percent of the directed fishing allowance allocated to listed catcher/processors shall be available for harvest only by eligible catcher vessels delivering to listed catcher/processors.
The first seasonal allowances for W/C GOA pollock in Table 1 of the 1999 Interim Harvest Specifications (64 FR 46, January 4, 1999) are replaced by the following Table 7:
Table 7.--Revised First Seasonal Allowances of Pollock in the Western
(W) and Central (C) Regulatory Areas of the Gulf of Alaska (GOA)
Interim Species and area
TAC
Pollock:
W (610).................................................. 6,936
C (620).................................................. 11,652
C (630).................................................. 9,156
W/C Subtotal......................................... 27,744 Shelikof Strait Subtotal \1\......................... 15,857
\1\ The pollock catch limit for the Shelikof Strait conservation zone is determined by calculating the ratio of the most recent estimate of pollock biomass in Shelikof Strait (489,900 mt) divided by the most recent estimate of total pollock biomass in the GOA (933,000 mt). This ratio will then be multiplied by the overall pollock TAC for the GOA (100,920 mt) and multiplied by the A season apportionment of 30 percent.
Technical Amendment to Steller Sea Lion No-Trawl Zones
This emergency interim rule also makes technical changes to the existing no-trawl zones set out in Tables 4 and 6 50 CFR part 679 by suspending them and by adding Tables 13 and 14 to 50 CFR part 679. Classification
The Assistant Administrator for Fisheries, NOAA (AA), has determined that this emergency interim rule is necessary to respond to an emergency situation and that it is consistent with the Magnuson- Stevens Act and other applicable laws.
This emergency interim rule has been determined to be not significant for purposes of E.O. 12866.
Failure to have the measures contained in this rule in place by January 20, 1999, would force delay of the start of the pollock fisheries of the BSAI and GOA with significant costs to industry. This would occur because without these measures, the December 16, 1998, BO would require that to protect Steller sea lions, no pollock fishing occur. Thus, notice and comment procedures for this rule would prevent NMFS from performing its necessary function of allowing the fishery to be prosecuted while protecting this endangered species. As such, NMFS finds that the immediate need to effect the provisions of this rule by January 20, 1999, constitutes good cause to waive the requirement to provide prior notice and an opportunity for public comment pursuant to authority set forth at 5 U.S.C. 553(b)(B), as such procedures would be impracticable and contrary to the public interest. The need for these measures to be in place by January 20, 1999, as explained above, constitutes good cause under authority contained in 5 U.S.C. 553(d)(3) to waive the requirement for a 30-day delay in effective date.
Because prior notice and opportunity for public comment are not required for this rule by 5 U.S.C. 553, or any other law, the analytical requirements of the Regulatory Flexibility Act, 5 U.S.C. 601 et seq., are inapplicable.
The President has directed Federal agencies to use plain language in their communications with the public, including regulations. To comply with that directive, we seek public comment on any ambiguity or unnecessary complexity arising from the language used in this emergency interim rule.
List of Subjects in 50 CFR Part 679
Alaska, Fisheries, Recordkeeping and reporting requirements.
Dated: January 15, 1999. Andrew A. Rosenberg, Deputy Assistant Administrator for Fisheries, National Marine Fisheries Service.
For reasons set out in the preamble, 50 CFR part 679 is amended as follows:
50 CFR CHAPTER VI
PART 679--FISHERIES OF THE EXCLUSIVE ECONOMIC ZONE OFF ALASKA
-
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.
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In Sec. 679.7, paragraph (b) is suspended and paragraph (i) is added to read as follows:
Sec. 679.7 Prohibitions.
* * * * *
(i) Prohibitions specific to the GOA (applicable through July 19, 1999)--(1) Southeast Outside trawl closure (applicable through July 19, 1999). Use any gear other than non-trawl gear in the GOA east of 140 deg. W long.
(2) Western/Central GOA Pollock trip limit (applicable through July 19, 1999). Retain on board a catcher vessel at any time, more than 136 mt of unprocessed pollock, or retain on board a tender vessel at any time, more than 272 mt of unprocessed pollock, harvested in the Western or Central Areas of the GOA.
-
In Sec. 679.20, paragraphs (a)(5)(i)(A) and (a)(5)(ii)(B) are suspended, and new paragraphs (a)(5)(i)(C) and (a)(5)(ii)(C) are added to read as follows:
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Sec. 679.20 General limitations.
* * * * *
(a) * * *
(5) * * *
(i) * * *
(C) BSAI seasonal allowances (applicable through July 19, 1999)-- (1) Inshore. The portion of the Bering Sea Subarea pollock TAC allocated to the inshore component under Section 206(b) of the American Fisheries Act will be divided into four seasonal allowances corresponding to the four fishing seasons set out at Sec. 679.23(e)(4)(i), as follows: A1 Season, 27.5 percent; A2 Season, 12.5 percent, B Season, 30 percent, C Season, 30 percent. Within any fishing year, underage or overage of a seasonal allowance may be added to or subtracted from subsequent seasonal allowances in a manner to be determined by the Regional Administrator provided that overall pollock removals from all sectors during a fishing season do not exceed 30 percent of the combined annual TAC of pollock.
(2) Catcher/processor. The portion of the Bering Sea Subarea pollock TAC allocated to the catcher/processor component under Section 206(b) of the American Fisheries Act will be divided into four seasonal allowances corresponding to the four fishing seasons set out at Sec. 679.23(e)(4)(ii), as follows: A1 Season, 27.5 percent; A2 Season, 12.5 percent; B Season, 30 percent; C Season, 30 percent. Within any fishing year, underage or overage of a seasonal allowance may be added to or subtracted from subsequent seasonal allowances in a manner to be determined by the Regional Administrator, provided that overall pollock removals from all sectors during a fishing season do not exceed 30 percent of the combined annual TAC of pollock.
(3) Mothership. The portion of the Bering Sea Subarea pollock TAC allocated to the mothership component under Section 206(b) of the American Fisheries Act will be divided into three seasonal allowances corresponding to the three fishing seasons set out at Sec. 679.23(e)(4)(iii) as follows: A Season, 40 percent; B Season, 30 percent; C Season, 30 percent. Within any fishing year, underage or overage of any seasonal allowance may be added to or subtracted from subsequent seasonal allowances in a manner to be determined by the Regional Administrator provided that overall pollock removals from all sectors during a fishing season do not exceed 30 percent of the combined annual TAC of pollock. * * * * *
(ii) * * *
(C) GOA seasonal allowances (applicable through July 19, 1999). Each apportionment established under paragraph (a)(5)(ii)(A) of this section will be divided into four seasonal allowances corresponding to the four fishing seasons set out at Sec. 679.23(d)(3) as follows: A Season, 30 percent; B Season, 20 percent; C Season, 25 percent; D Season, 25 percent. Within any fishing year, underage or overage of a seasonal allowance may be added to or subtracted from subsequent seasonal allowances in a manner to be determined by the Regional Administrator, provided that a revised seasonal allowance does not exceed 30 percent of the annual TAC apportionment. * * * * *
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In Sec. 679.22, paragraphs (a)(7) and (b)(2) are suspended and (a)(11) and (b)(3) are added to read as follows:
Sec. 679.22 Closures.
(a) * * *
(11) Steller sea lion protection areas, Bering Sea Subarea and Bogoslof District (applicable through July 19, 1999)--(i) Year-round trawl closures. Trawling is prohibited within 10 nm of each of the eight Steller sea lion rookeries shown in Table 12 to this part.
(ii) Seasonal trawl closures. During January 1 through April 15, or a date earlier than April 15, if adjusted under Sec. 679.20, trawling is prohibited within 20 nm of each of the four Steller sea lion rookeries shown in Table 12 to this part.
(iii) Pollock closures (applicable through July 19, 1999). Directed fishing for pollock is prohibited within 10 or 20 nm of each of the 25 Steller sea lion haulout and rookery sites shown in Table 12 to this part. The radius in nm and time period that each closure is in effect are shown in Table 12 to this part.
(iv) Critical Habitat/Catcher Vessel Operational Area (CH/CVOA) conservation zone (applicable through July 19, 1999)--(A) General. Directed fishing for pollock by vessels catching pollock for processing either by the inshore, offshore catcher processor, or mothership component is prohibited within the CH/CVOA conservation zone for the duration of a fishing season when the Regional Administrator announces by notification in the Federal Register that the criteria set out in paragraph (a)(7)(iv)(C) of this section have been met by that industry component.
(B) Boundaries. The CH/CVOA conservation zone 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)(iv)(A) of this section will take effect when the Regional Administrator determines that the harvest of a seasonal allowance of pollock reaches a percentage specified in the following table:
Industry component (in percent)
Fishing season
Catcher/ Inshore processor Mothership
A1 Season.....................
70
40
50 A2 Season.....................
70
40
50 B Season......................
[reserved] C Season......................
[reserved]
(2) Inshore catcher vessels greater than 99ft (30.2 m) LOA. The Regional Administrator will close directed fishing to inshore catcher vessels greater than 99ft (30.2 m) LOA prior to reaching the inshore CH/CVOA limit to accommodate fishing by vessels less than or equal to 99ft (30.2 m) LOA inside the CH/CVOA conservation zone for the duration of the inshore seasonal opening. During the A1 and A2 seasons, the Regional Administrator will estimate how much of the inshore A1 and A2 seasonal allowance is likely to be harvested by catcher vessels less than
[[Page 3444]]
or equal to 99ft (30.2 m) LOA and reserve a sufficient amount of the inshore CH/CVOA allowance to accommodate fishing by such vessels after the closure of the CH/CVOA conservation zone to vessels greater than 99 ft (30.2 m) LOA. The CH/CVOA conservation zone will be closed to directed fishing for all inshore catcher vessels when the inshore limit specified in paragraph (a)(7)(iv)(C)(1) of this section has been met.
(b) * * *
(3) Steller sea lion protection areas--(applicable through July 19, 1999)--(i) Year-round trawl closures. Trawling is prohibited in the GOA within 10 nm of the nine Steller sea lion rookeries shown in Table 13 to this part.
(ii) Pollock closures (applicable through July 19, 1999). Directed fishing for pollock is prohibited within 10 nm of each of the 45 Steller sea lion haulout and rookery sites shown in Table 13 to this part. The radius in nm and time period that each closure is in effect are shown in Table 13 to this part.
(iii) Shelikof Strait conservation zone (applicable through July 19, 1999).--(A) General. Directed fishing for pollock is prohibited within the Shelikof Strait conservation zone during the A season defined at Sec. 679.23(d)(3) when the Regional Administrator announces through notification in the Federal Register that the A season catch of pollock from within the Shelikof Strait conservation zone reaches the amount determined by paragraph (b)(2)(iii)(C) of this section.
(B) Boundaries. The Shelikof Strait conservation zone consists of the area bound by straight lines and shoreline connecting the following coordinates in the following order:
58 deg.51' N lat. 153 deg.15' W long.
58 deg.51' N lat. 152 deg.00' W long.
and the intersection of 152 deg.00' W long. with Afognak Island; aligned counterclockwise around the shoreline of Afognak, Kodiak, and Raspberry Islands to
57 deg.00' N lat. 154 deg.00' W long.
56 deg.30' N lat. 154 deg.00' W long.
56 deg.30' N lat. 155 deg.00' W long.
56 deg.00' N lat. 155 deg.00' W long.
56 deg.00' N lat. 157 deg.00' W long.
and the intersection of 157 deg.00' W long. with the Alaska Peninsula.
(C) Determination of catch limit. The pollock catch limit for the Shelikof Strait conservation zone will be published in the annual specifications under Sec. 679.20(c) and is determined by calculating a ratio equal to the most recent estimate of pollock biomass in Shelikof Strait divided by the most recent estimate of total pollock biomass in the GOA. NMFS will then multiply by the overall pollock TAC for the GOA and further multiplied by the A season apportionment of 30 percent. * * * * *
-
In Sec. 679.23, paragraphs (d)(2) and (e)(2) are suspended, and new paragraphs (d)(3) and (e)(4) are added to read as follows:
Sec. 679.23 Seasons.
* * * * *
(d) * * *
(3) Directed fishing for pollock (applicable through July 19, 1999). 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., April 1;
(ii) B season. From 1200 hours, A.l.t., June 1, through 1200 hours, A.l.t., July 1;
(iii) C season. From 1200 hours, A.l.t., September 1, within a statistical area until the date of closure of the statistical area to directed fishing, or 1200 hours, A.l.t., October 1, whichever comes first.
(iv) D season. From 1200 hours, A.l.t., five days after the closure of the C season in a statistical area until 1200 hours, A.l.t., November 1.
(e) * * *
(4) Directed fishing for pollock in the Bering Sea Subarea (applicable through July 19, 1999).--(i) Inshore and offshore catcher/ processor components. Subject to other provisions of this part, directed fishing for pollock by vessels catching pollock for processing by the inshore component and by the offshore catcher processor component in the Bering Sea Subarea is authorized only during the following four seasons:
(A) A1 season. From 1200 hours, A.l.t., January 20, through 1200 hours, A.l.t., February 15;
(B) A2 season. From 1200 hours, A.l.t., February 20, through 1200 hours, A.l.t., April 15;
(C) B season. From 1200 hours, A.l.t., August 1, through 1200 hours, A.l.t., September 15; and,
(D) C season. From 1200 hours, A.l.t., September 15, through 1200 hours, A.l.t., November 1.
(ii) Mothership component. Subject to other provisions of this part, directed fishing for pollock by vessels catching pollock for processing by the offshore mothership component in the Bering Sea Subarea is authorized only during the following three seasons:
(A) A season. From 1200 hours, A.l.t., February 1, through 1200 hours, A.l.t., April 15;
(B) B season. From 1200 hours, A.l.t., August 1, through 1200 hours, A.l.t., September 15; and,
(C) C season. From 1200 hours, A.l.t., September 15, through 1200 hours, A.l.t., November 1. * * * * *
-
Tables 4 and 6 to 50 CFR part 679 are suspended and Tables 12 and 13 are added to read as follows:
Table 12 to 50 CFR Part 679
[Steller sea lion protection areas \1\ in the Bering Sea Subarea \2\ are identified in the following table. Where two sets of coordinates are given, the baseline extends in a clock-wise direction from the first set of geographic coordinates along the shoreline at mean lower-low water to the second set of coordinates. Where only one set of coordinates is listed, that location is the base point.]
Boundaries to
Directed fishing for Trawling prohibited
pollock prohibited
within . . . (nm) within . . . (nm)
Management area/island/site
-------------------------- Latitude Longitude Latitude Longitude Nov. 1 May 1
Jan. 1 (N)
(W)
(N)
(W)
through through through Year-round April 31 Oct. 31 April 15
Bering Sea
Walrus.......................................... 57 deg.11.0 0' 169 deg.56. 00' ........... ...........
20
20 ...........
10 Uliaga.......................................... 53 deg.04.0 0' 169 deg.47. 00' 53 deg.05.0 0' 169 deg.46. 00' ...........
20 ........... ........... Chuginadak...................................... 52 deg.46.5 0' 169 deg.42. 00' 52 deg.46.5 0' 169 deg.44. 50' ...........
20 ........... ........... Kagamil......................................... 53 deg.02.5 0' 169 deg.41. 00' ........... ........... ...........
20 ........... ........... Samalga......................................... 52 deg.46.0 0' 169 deg.15. 00' ........... ........... ...........
20 Adugak.......................................... 52 deg.55.0 0' 169 deg.10. 50' ........... ...........
20
20 ...........
10 Umnak/Cape Aslik................................ 53 deg.25.0 0' 168 deg.24. 50' ........... ...........
20
20 ........... ...........
[[Page 3445]]
Ogchul.......................................... 53 deg.00.0 0' 168 deg.24. 00' ........... ...........
20
20 ...........
10 Bogoslof/Fire Island............................ 53 deg.56.0 0' 168 deg.02. 00' ........... ...........
20
20 ...........
10 Emerald......................................... 53 deg.17.5 0' 167 deg.51. 50' ........... ........... ...........
20 ........... ........... Unalaska/Cape Izigan............................ 53 deg.13.5 0' 167 deg.39. 00' ........... ...........
20
20 ........... ........... Unalaska/Bishop Pt.............................. 53 deg.58.5 0' 166 deg.57. 50' ........... ...........
20
20 ........... ........... Akutan/Reef-lava................................ 54 deg.07.5 0' 166 deg.06. 50' 54 deg.10.5 0' 166 deg.04. 50'
20
20 ........... ........... Old Man Rocks................................... 53 deg.52.0 0' 166 deg.05. 00' ........... ...........
20
20 ........... ........... Akutan/Cape Morgan.............................. 54 deg.03.5 0' 166 deg.00. 00' 54 deg.05.5 0' 166 deg.05. 00'
20
20
20
10 Rootok.......................................... 54 deg.02.5 0' 165 deg.34. 50' ........... ........... ...........
20 ........... ........... Akun/Billings Head.............................. 54 deg.18.0 0' 165 deg.32. 50' 54 deg.18.0 0' 165 deg.31. 50'
20
20
20
10 Tanginak........................................ 54 deg.12.0 0' 165 deg.20. 00' ........... ...........
20 ........... ........... ........... Tigalda/Rocks NE................................ 54 deg.09.0 0' 164 deg.57. 00' 54 deg.10.0 0' 164 deg.59. 00'
20
20 ........... ........... Unimak/Cape Sarichef............................ 54 deg.34.5 0' 164 deg.56. 50' ........... ...........
10
10 ........... ........... Aiktak.......................................... 54 deg.11.0 0' 164 deg.51. 00' ........... ...........
20 ........... ........... ........... Ugamak.......................................... 54 deg.14.0 0' 164 deg.48. 00' 54 deg.13.0 0' 164 deg.48. 00'
20
20
20
10 Round........................................... 54 deg.12.0 0' 164 deg.46. 50' ........... ........... ...........
20 ........... ........... Sea Lion Rock (Amak)............................ 55 deg.28.0 0' 163 deg.12. 00' ........... ...........
20
20
20
10 Amak+rocks...................................... 55 deg.24.0 0' 163 deg.07. 00' 55 deg.26.0 0' 163 deg.10. 00'
20
20 ........... ...........
\1\ Three nm NO TRANSIT ZONES are described at 50 CFR 227.12(a)(2) of this title. \2\ Closure zones around many of these sites also extend into statistical area 610 of the Gulf of Alaska Management Area.
Table 13 to 50 CFR part 679 (Effective Through July 19, 1999) [Steller sea lion protection areas \1\ in the Gulf of Alaska \2\ are identified in the following table. Where two sets of coordinates are given, the baseline extends in a clock-wise direction from the first set of geographic coordinates along the shoreline at mean lower-low water to the second set of coordinates. Where only one set of coordinates is listed, that location is the base point.]
Boundaries to
Directed fishing for Trawling prohibited
pollock prohibited
within . . . (nm) within . . . (nm)
Management area/island/site
-------------------------- Latitude (N) Longitude (W) Latitude (N) Longitude (W) Nov. 1 May 1
Jan. 1 through through through Year-round April 31 Oct. 31 April 15
Gulf of Alaska Bird................................ 54 deg.40.50' 163 deg.18.00' .............. ..............
10
10 ........... ........... South Rocks......................... 54 deg.18.00' 162 deg.41.50' .............. ..............
10
10 ........... ........... Clubbing Rocks...................... 54 deg.42.00' 162 deg.26.50' 54 deg.43.00' 162 deg.26.50'
10
10 ...........
10 Pinnacle Rock....................... 54 deg.46.00' 161 deg.46.00' ..............
10 ...........
10 ...........
10 Sushilnoi Rocks..................... 54 deg.50.00' 161 deg.44.50' .............. .............. ...........
10 ........... ........... Olga Rocks.......................... 55 deg.00.50' 161 deg.29.50' 54 deg.59.00' 161 deg.31.00'
10
10 ........... ........... Jude................................ 55 deg.16.00' 161 deg.06.00' .............. ..............
10
10 ........... ........... The Whaleback....................... 55 deg.16.50' 160 deg.06.00' .............. ..............
10
10 ........... ........... Chernabura.......................... 54 deg.47.50' 159 deg.31.00' 54 deg.45.50' 159 deg.33.50'
10
10 ...........
10 Castle Rock......................... 55 deg.17.00' 159 deg.30.00' .............. .............. ...........
10 ........... ........... Atkins.............................. 55 deg.03.50' 159 deg.19.00' .............. ..............
10
10 ...........
10 Spitz............................... 55 deg.47.00' 158 deg.54.00' .............. .............. ...........
10 ........... ........... Kak................................. 56 deg.17.00' 157 deg.51.00' .............. .............. ...........
10 ........... ........... Lighthouse Rocks.................... 55 deg.47.50' 157 deg.24.00' .............. ..............
10
10 ........... ........... Sutwik.............................. 56 deg.31.00' 157 deg.20.00' 56 deg.32.00' 157 deg.21.00' ...........
10 ........... ........... Chowiet............................. 56 deg.00.50' 156 deg.41.50' 56 deg.00.50' 156 deg.42.00'
10
10 ...........
10 Nagai Rocks......................... 55 deg.50.00' 155 deg.46.00' .............. ..............
10
10 ........... ........... Chirikof............................ 55 deg.46.50' 155 deg.39.50' 55 deg.46.50' 155 deg.43.00'
10
10 ...........
10 Puale Bay........................... 57 deg.41.00' 155 deg.23.00' .............. ..............
10
10 ........... ........... Takli............................... 58 deg.03.00' 154 deg.27.50' 58 deg.02.00' 154 deg.31.00' ...........
10 ........... ........... Cape Gull........................... 58 deg.13.50' 154 deg.09.50' 58 deg.12.50' 154 deg.10.50' ...........
10 ........... ........... Sitkinak/Cape Sitkinak.............. 56 deg.34.50' 153 deg.51.50' .............. ..............
10
10 ........... ........... Kodiak/Cape Ugat.................... 57 deg.52.00' 153 deg.51.00' .............. ..............
10
10 ........... ........... Shakun Rock......................... 58 deg.32.50' 153 deg.41.50' .............. ..............
10
10 ........... ........... Twoheaded Island.................... 56 deg.54.50' 153 deg.33.00' 56 deg.53.50' 153 deg.35.50'
10
10 ........... ........... Cape Douglas........................ 58 deg.51.50' 153 deg.14.00' .............. .............. ...........
10 ........... ...........
[[Page 3446]]
Latax Rocks......................... 58 deg.42.00' 152 deg.28.50' 58 deg.40.50' 152 deg.30.00'
10
10 ........... ........... Ushagat/SW.......................... 58 deg.55.00' 152 deg.22.00' .............. .............. ...........
10 ........... ........... Ugak................................ 57 deg.23.00' 152 deg.15.50' 57 deg.22.00' 152 deg.19.00' ...........
10 ........... ........... Sea Otter Island.................... 58 deg.31.50' 152 deg.13.00' .............. ..............
10
10 ........... ........... Long................................ 57 deg.47.00' 152 deg.13.00' .............. ..............
10 ........... ........... ........... Kodiak/Cape Chiniak................. 57 deg.37.50' 152 deg.09.00' .............. ..............
10
10 ........... ........... Sugarloaf........................... 58 deg.53.00' 152 deg.02.00' .............. ..............
10
10 ...........
10 Sea Lion Rocks (Marmot)............. 58 deg.21.00' 151 deg.48.50' .............. ..............
10
10 ........... ........... Marmot.............................. 58 deg.14.00' 151 deg.47.50' 58 deg.10.00' 151 deg.51.00'
10
10 ...........
10 Perl................................ 59 deg.06.00' 151 deg.39.50' .............. ..............
10
10 ........... ........... Outer (Pye) Island.................. 59 deg.20.50' 150 deg.23.00' 59 deg.21.00' 150 deg.24.50'
10
10 ...........
10 Steep Point......................... 59 deg.29.00' 150 deg.15.00' .............. .............. ...........
10 ........... ........... Chiswell Islands.................... 59 deg.36.00' 149 deg.34.00' .............. ..............
10
10 ........... ........... Wooded Island (Fish)................ 59 deg.53.00' 147 deg.20.50' .............. ..............
10
10 ........... ........... Glacier Island...................... 60 deg.51.00' 147 deg.09.00' .............. ..............
10
10 ........... ........... Seal Rocks.......................... 60 deg.10.00' 146 deg.50.00' .............. ..............
10
10 ........... ........... Cape Hinchinbrook................... 60 deg.14.00' 146 deg.38.50' .............. .............. ...........
10 ........... ........... Hook Point.......................... 60 deg.20.00' 146 deg.15.50' .............. .............. ...........
10 ........... ........... Cape St. Elias...................... 59 deg.48.00' 144 deg.36.00' .............. ..............
10
10 ........... ...........
\1\ Three nm NO TRANSIT ZONES are described at 50 CFR 227.12(a)(2) of this title. \2\ Additional closures along the Aleutian Island chain that extend into statistical area 610 of the Gulf of Alaska are displayed in Table 13 to this part.
[FR Doc. 99-1378Filed1-15-99; 5:01 pm]
BILLING CODE 3510-22-P
