Fisheries of the Exclusive Economic Zone Off Alaska; Steller Sea Lion Protection Measures for the Pollock Fisheries off Alaska; Extension of an Expiration Date

[Federal Register Volume 64, Number 139 (Wednesday, July 21, 1999)]
[Rules and Regulations]
[Pages 39087-39089]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-18612]

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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 679

[Docket No. 990115017-9193-02; 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;
Extension of an Expiration Date

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

ACTION: Extension and revision of emergency interim rule; revision to
1999 final harvest specifications; request for comments.

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SUMMARY: On January 22, 1999, NMFS published an emergency rule,
effective through July 19, 1999, that implemented reasonable and
prudent alternatives (RPAs) identified by NMFS 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 its critical habitat. This action revises and extends the
emergency rule through December 31, 1999. This action also revises the
1999 final harvest specifications for the pollock fisheries off Alaska.
This emergency rule extension is necessary to prevent the pollock
fisheries from jeopardizing the western population of Steller sea lions
or adversely modifying its critical habitat until permanent protection
measures can be implemented.

DATES: The expiration date of the emergency interim rule published
January 22, 1999 (64 FR 3437) is extended from July 19, 1999, to
December 31, 1999. The amendments in this action are effective from
January 20, 1999, to December 31, 1999. Comments must be received by
August 16, 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 (BO) on the Bering Sea and Aleutian Islands
Management Area (BSAI) and Gulf of Alaska (GOA) pollock fisheries, the
Atka mackerel fishery of the Aleutian Islands Subarea (AIS), and the
revised Environmental Assessment

[[Page 39088]]

prepared for the emergency rule extension 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: Shane Capron, 907-586-7228 or
shane.capron@noaa.gov.

SUPPLEMENTARY INFORMATION: NMFS issued a BO dated December 3, 1998, and
revised RPAs dated December 16, 1998, on the pollock fisheries of the
BSAI and GOA, and the Atka mackerel fishery of the AIS. The BO
concluded that the BSAI and GOA pollock trawl fisheries, as projected
for 1999 through 2002, were likely to jeopardize the continued
existence of the western population of Steller sea lions and adversely
modify its critical habitat. The BO also determined that the Atka
mackerel fishery, as modified by recent regulatory changes, was not
likely to jeopardize the continued existence of Steller sea lions or
adversely modify their critical habitat.
To avoid the likelihood of jeopardizing the continued existence of
the western population of Steller sea lions or adversely modifying its
critical habitat, the BO established principles for RPAs to the
existing pollock trawl fisheries in the BSAI and GOA, that adhere to
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.
NMFS published an emergency interim rule implementing RPAs in the
Federal Register on January 22, 1999 (64 FR 3437), corrected on
February 17, 1999 (64 FR 7814), and February 25, 1999 (64 FR 9375), and
effective through July 19, 1999. The preamble to the original emergency
interim rule provides a detailed description of the purpose and need
for the action. This action extends the original emergency rule through
December 31, 1999. This action also makes two changes to the original
emergency rule that (1) correct the mothership B and C season dates,
and (2) add spatial dispersion measures to limit critical habitat/
catcher vessel operation area (CH/CVOA) catch. These revisions and
associated changes to the 1999 BSAI final harvest specifications are
described here.

Revisions to the Original Emergency Rule

Correction to Mothership Sector Seasonal Dates

The original emergency rule (64 FR 3437, January 22, 1999),
contained incorrect B and C season harvest dates for the mothership
sector. The North Pacific Fishery Management Council's (Council)
December 1998 emergency rule recommendation contained a combined B/C
season from September 1 through November 1 for the mothership sector.
However, the original emergency rule inadvertently applied inshore
sector B and C season dates to the mothership sector. This error is
corrected in this emergency rule extension. The mothership sector now
has a combined B/C season from September 1 through November 1, rather
than separate B and C seasons as printed in the original emergency
rule. B and C season CH/CVOA Catch Limits and Technical Amendment to
the 1999 BSAI Final Harvest Specifications
The original emergency rule did not contain spatial dispersion
measures for the BSAI pollock B and C seasons as required by the BO.
These provisions were reserved in the original emergency rule pending
further consideration by the Council which occurred at its June 1999
meeting. This emergency rule extension revises the original rule to
include overall CH/CVOA catch limits of 25 percent in the B season and
35 percent in the C season. These catch percentages are achieved using
an allocation formula recommended by the Council that would exclude the
catcher/processor and mothership sectors from the CH/CVOA during the B
and C seasons, and would proportionally reduce the CH/CVOA catch
percentages for the inshore and Community Development Quota (CDQ)
sectors to achieve the overall B and C season catch objectives. Under
the revised emergency rule, the inshore sector will have a CH/CVOA
limit of 45 percent during the B season and 63 percent during the C
season. The CDQ sector will have a CH/CVOA limit of 56 percent for its
combined B/C season.
The specification of CH/CVOA catch limits in the B and C seasons in
the extension of this emergency rule require revision of the 1999 final
harvest specifications of pollock TAC for the Bering Sea Subarea. Table
3 of the 1999 BSAI final harvest specifications (64 FR 12103, March 11,
1999) listed CH/CVOA catch limits for the A1 and A2 seasons. However,
CH/CVOA catch limits were not specified for the B and C seasons. To
accommodate these new CH/CVOA limits for Bering Sea Subarea pollock
under the revised emergency rule, the 1999 BSAI final harvest
specifications are amended by adding the following table 3A.

Table 3A.--Final 1999 TAC Amounts for B And C Season Pollock in the Bering Sea Subarea
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B Season C Season
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Sector CH/CVOA CH/CVOA
Total limit Total limit
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Bering Sea Subarea:
Inshore................................................. 125,885 56,648 125,885 79,307
Offshore C/Ps........................................... 100,708 0 100,708 0
Catch by C/Ps....................................... 92,148 0 92,148 0
Catch by C/Vs....................................... 8,560 0 8,560 0
Sec. 208(e)(21) vessels............................. 504 0 504 0
Mothership \1\.......................................... 50,354 0 n/a n/a
Incidental Catch........................................ n/a n/a n/a n/a
CDQ \1\................................................. 54,560 30,554 n/a n/a
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\1\ The mothership and CDQ sectors have a combined B/C season and CH/CVOA catch limit.

NMFS intends to initiate rulemaking later in 1999 to propose and
implement permanent Steller sea lion conservation measures for 2000.
This extension of the emergency interim rule is necessary to protect
the western population of Steller sea lions and its critical habitat
while allowing the continued prosecution of the 1999 pollock fishery.
Details concerning the basis for this action are contained in the
preamble to the original emergency rule and are not repeated here.

[[Page 39089]]

Classification

The Assistant Administrator for Fisheries, NOAA (AA), has
determined that an extension of 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.
The extension of this emergency interim rule is exempt from review
under E.O. 12866.
Failure to have the measures contained in this rule in place by
July 19, 1999, would result in a lapse of necessary Steller sea lion
protective measures in the Alaska pollock fisheries. The measures must
be in place because of the likelihood that without the measures, the
pollock fisheries would jeopardize the Western population of Steller
sea lions and adversely modify its critical habitat. Without these
measures, the December 3, 1998 BO would require that to protect Steller
sea lions, no pollock fishing occur.
Delay of the pollock season openings to provide for prior notice
and public comment would impose significant economic cost on the
fishing industry for two reasons. First, by regulation, the ending date
for pollock fishing is November 1 of each year to prevent pollock
fishing during a winter time period that is critical to Steller sea
lions. If the August 1 pollock openings are delayed for a significant
period of time, the fleet may have insufficient time to harvest the
remaining TAC prior to November 1 and a significant portion of the TAC
could go unharvested. Second, any delay in the season opening will
impose significant operational costs on vessels, processors, employees,
and other support industries that must plan for and deploy equipment
and crews to remote parts of Alaska well in advance of the season
opening date.
Accordingly, the AA finds that the need not to delay the pollock
season openings constitutes good cause to waive the requirement to
provide prior notice and an opportunity for public comment pursuant to
the authority set forth at 5 U.S.C. 553(b)(B), as such procedures would
be impracticable and contrary to the public interest. For the same
reasons, the AA finds good cause pursuant to the authority set forth at
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: July 16, 1999.
Andrew A. Rosenberg,
Deputy Asst. 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

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.

2. In Sec. 679.22(a)(11)(iv)(C)(1), the table is revised to read as
follows:

Sec. 679.22 Closures.

(a) * * *
(11) * * *
(iv) * * *
(C) * * *
(1) * * *

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Industry Sector (in percent)
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Fishing Season Catcher/
Inshore processor Mothership CDQ
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A1 Season............................................... 70 40 50 100
A2 Season............................................... 70 40 50 100
B Season................................................ 45 0 0 56
C Season................................................ 63 0 0 56
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3. Section 679.23(e)(5)(ii)(B) is revised and
Sec. 679.23(e)(5)(ii)(C) is removed to read as follows:

Sec. 679.23 Seasons.

* * * * *
(e) * * *
(5) * * *
(ii) * * *
(B) Combined B/C season. From 1200 hours, A.l.t., September 1,
through 1200 hours, A.l.t., November 1.
* * * * *
[FR Doc. 99-18612 Filed 7-16-99; 4:32pm]
BILLING CODE 3510-22-P

Fisheries of the Exclusive Economic Zone Off Alaska; Steller Sea Lion Protection Measures for the Pollock Fisheries off Alaska; Extension of an Expiration Date

Federal Register Citation

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