Federal Register / Vol. 65, No. 95 / Tuesday, May 16, 2000 / Rules and Regulations 31107

Under this final rule, CDQ groups will

continue to receive 7.5 percent of all

PSC limits, which, since the overall

limits will be reduced, will result in

reduced Prohibited Species Quota (PSQ)

allocations to CDQ groups. These

reductions constitute an added

incentive to improve techniques for

minimizing bycatch. The reductions are

small in proportion to the total PSQ

allocations, but it is possible that they

could result in some loss of CDQ

groundfish. This could happen if a

group reached one of its PSQ allocations

before it otherwise would have, and was

required to stop fishing for CDQ

groundfish species.

List of Subjects in 50 CFR Part 679

Alaska, Fisheries, Recordkeeping and

reporting requirements.

Dated: May 10, 2000.

Penelope D. Dalton,

Assistant Administrator for Fisheries,

National Marine Fisheries Service.

For the reasons discussed in the

preamble, 50 CFR part 679 is amended

to read as follows:

PART 679—FISHERIES OF THE

EXCLUSIVE ECONOMIC ZONE OFF

ALASKA

1. The authority citation for 50 CFR

part 679 continues to read as follows:

Authority: 16 U.S.C. 773 et seq., 1801 et

seq., and 3631 et seq.

2. In § 679.2, the definition of ‘‘fishing

trip’’, paragraph (1) is amended by

redesignating paragraph (1)(iv) as

paragraph (1)(v), adding a new

paragraph (1)(iv), and removing the final

word, ‘‘or,’’ from paragraph (1)(iii), to

read as follows:

§ 679.2 Definitions.

* * * * *

Fishing trip means:

(1) * * *

(iv) The vessel begins fishing with

different type of authorized fishing gear;

or

* * * * *

3. In § 679.7, paragraph (a)(14) is

revised to read as follows:

§ 679.7 Prohibitions.

* * * * *

(a) * * *

(14) Trawl gear performance

standard—(i) BSAI. Use a vessel to

participate in a non-CDQ directed

fishery for pollock using trawl gear and

have on board the vessel, at any

particular time, 20 or more crabs of any

species that have a carapace width of

more than 1.5 inches (38 mm) at the

widest dimension.

(ii) GOA. Use a vessel to participate in

a directed fishery for pollock using

trawl gear when directed fishing for

pollock with nonpelagic trawl gear is

closed and have on board the vessel, at

any particular time, 20 or more crabs of

any species that have a carapace width

of more than 1.5 inches (38 mm) at the

widest dimension.

* * * * *

4. In § 679.20, paragraph (a)(5)(i)(B) is

removed and paragraph (a)(5)(i)(C) is

redesignated as paragraph (a)(5)(i)(B).

5. In § 679.21, paragraphs (e)(1)(ii)(A)

through (C), (e)(1)(iii)(A) through (B),

(e)(1)(iv)(A) through (C), and (e)(1)(v)

are revised to read as follows:

§ 679.21 Prohibited species bycatch

management.

* * * * *

(e) * * *

(1) * * *

(ii) * * *

(A) When the number of mature

female red king crabs is at or below the

threshold of 8.4 million mature crabs or

the effective spawning biomass is less

than or equal to 14.5 million lb (6,577

mt), the Zone 1 PSC limit will be 32,000

red king crabs.

(B) When the number of mature

female red king crabs is above the

threshold of 8.4 million mature crabs

and the effective spawning biomass is

greater than 14.5 million lb but less than

55 million lb (24,948 mt), the Zone 1

PSC limit will be 97,000 red king crabs.

(C) When the number of mature

female red king crabs is above the

threshold of 8.4 million mature crabs

and the effective spawning biomass is

equal to or greater than 55 million lb,

the Zone 1 PSC limit will be 197,000 red

king crabs.

(iii) * * *

(A) Zone 1. When the total abundance

of C. bairdi crabs is:

(1) 150 million animals or less, the

PSC limit will be 0.5 percent of the total

abundance, minus 20,000 animals.

(2) Over 150 million to 270 million

animals, the PSC limit will be 730,000

animals.

(3) Over 270 million to 400 million

animals, the PSC limit will be 830,000

animals.

(4) Over 400 million animals, the PSC

limit will be 980,000 animals.

(B) Zone 2. When the total abundance

of C. bairdi crabs is:

(1) 175 million animals or less, the

PSC limit will be 1.2 percent of the total

abundance, minus 30,000 animals.

(2) Over 175 million to 290 million

animals, the PSC limit will be 2,070,000

animals.

(3) Over 290 million to 400 million

animals, the PSC limit will be 2,520,000

animals.

(4) Over 400 million animals, the PSC

limit will be 2,970,000 animals.

(iv) * * *

(A) PSC Limit. The PSC limit will be

0.1133 percent of the total abundance,

minus 150,000 C. opilio crabs, unless;

(B) Minimum PSC Limit. If 0.1133

percent multiplied by the total

abundance is less than 4.5 million, then

the minimum PSC limit will be 4.350

million animals; or

(C) Maximum PSC Limit. If 0.1133

percent multiplied by the total

abundance is greater than 13 million,

then the maximum PSC limit will be

12.850 million animals.

(v) Halibut. The PSC limit of halibut

caught while conducting any trawl

fishery for groundfish in the BSAI

during any fishing year is an amount of

halibut equivalent to 3,675 mt of halibut

mortality.

* * * * *

6. In § 679.24, paragraph (b)(4) is

added to read as follows:

§ 679.24 Gear limitations.

* * * * *

(b) * * *

(4) BSAI pollock nonpelagic trawl

prohibition. No person may use

nonpelagic trawl gear to engage in

directed fishing for non-CDQ pollock in

the BSAI.

* * * * *

[FR Doc. 00–12291 Filed 5–15–00; 8:45 am]

BILLING CODE 3510–22–F

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric

Administration

50 CFR Part 679

[Docket No. 990720198–9307–02; I.D.

070799B]

RIN 0648–AM36

Fisheries of the Exclusive Economic

Zone Off Alaska; Maximum Retainable

Bycatch Percentages, Gulf of Alaska;

Correction

AGENCY: National Marine Fisheries

Service (NMFS), National Oceanic and

Atmospheric Administration (NOAA),

Commerce.

ACTION: Final rule; correction.

SUMMARY: This document contains a

correction to the final rule for maximum

retainable bycatch (MRB) percentages

for the Gulf of Alaska (GOA), which was

published in the Federal Register on

December 6, 1999.

DATES: Effective January 5, 2000.

FOR FURTHER INFORMATION CONTACT:

Patsy A. Bearden, 907–586–7008.

31108 Federal Register / Vol. 65, No. 95 / Tuesday, May 16, 2000 / Rules and Regulations

SUPPLEMENTARY INFORMATION:

Background

A final rule was published in the

Federal Register on December 6, 1999

(64 FR 68054), to revise MRB

percentages for the GOA. A new column

added to Table 10 to 50 CFR part 679

and two of its footnotes were revised to

clarify the intent of the North Pacific

Fishery Management Council. But some

of the data contained in the cells of the

new column have been misinterpreted

by management and enforcement

officials, the State of Alaska Department

of Fish and Game, and the fishing

industry.

In Table 10 as published December 6,

1999, if a value appears in the ‘‘SR/RE

ERA’’ column, it was intended to

indicate that when calculating the

retainable incidental catch for the basis

species of interest, the SR/RE=7

percentage value would be added to the

aggregated rockfish category percentage

value and under that circumstance the

SR/RE would not be included also in

the aggregated rockfish value. If no

value ‘‘na’’ appears in the SR/RE

column, it was intended to indicate that

SR/RE may not be calculated separately

for the basis species but rather is

included in the aggregated rockfish

value. The ‘‘na’’ was also used in Table

10 to indicate that the combination of

basis species and incidental catch

species was not applicable since the

same species appeared in both places.

Confusion from the two meanings of

the term ‘‘na’’ in Table 10 eventually

resulted in the interpretation that ‘‘na’’

in the ‘‘SR/RE ERA’’ column meant

‘‘zero.’’ Zero retention means that no

quantities of SR/RE could be retained

when calculating incidental catch for a

basis species. The result of this

interpretation was that NMFS

Enforcement and U.S. Coast Guard

required that any incidental SR/RE

brought in by fishermen with any basis

species be discarded (and therefore

wasted) and also issued a citation to the

fisherman for retaining a species

illegally. The fisherman in question

suffered a possible fine plus loss of

income from the SR/RE. In addition, the

fisherman held the correct

interpretation of SR/RE retention and

suffered also the frustration and

aggravation of doing the correct action

supported by regulations and being

penalized for it by NMFS.

Footnote ‘‘(2)’’ stated that ‘‘SR/RE

rockfish is a separate category for the

deep water complex only.’’ Because

deep water complex was not defined in

Table 10, it was not clear that deep

water complex meant those basis

species that had values=7 in the column

‘‘SR/RE ERA.’’

Need for Correction

Because the abbreviated form of ‘‘not

applicable’’ appearing in certain cells of

the added column SE/RE, Table 10, has

been misinterpreted and caused

unnecessary industry costs and

incorrect enforcement of SR/RE

retention, it must be corrected.

Correction

1. In the final rule Revisions to Gulf

of Alaska Retainable Bycatch

Percentages published in 64 FR 68054,

December 6, 1999, FR Doc. 99–31555,

on page 68055, under TABLE 10 TO

Part 679.–GULF OF ALASKA

RETAINABLE PERCENTAGES, in the

eleventh column under the heading

Incidental Catch Species, under the

column subheading ‘‘SR/RE ERA3’’ on

the following lines: first, second, sixth,

sixteenth, seventeenth, and eighteenth

line, remove the abbreviation ‘‘na6’’ and

in its place add (7)’’.

2. From Footnote ‘‘(2)’’, remove the

text ‘‘Aggregated rockfish means

rockfish defined at § 679.2 except: in the

Southeast Outside District where

demersal shelf rockfish (DSR) is a

separate category and in the Eastern

Regulatory Area where shortraker/

rougheye is a separate category for the

deep water complex only’’ and in its

place add ‘‘Aggregated rockfish means

rockfish defined at § 679.2 except: in the

Southeast Outside District where

demersal shelf rockfish (DSR) is a

separate category and in the Eastern

Regulatory Area where shortraker/

rougheye (SR/RE) rockfish is a separate

category for those species marked with

a numerical percentage.’’

Add footnote ‘‘(7)’’ to read ‘‘(7)’’ where

numerical percentage is not indicated,

the retainable percentage of SR/RE is

included under Aggregated Rockfish.’’

Dated: May 10, 2000.

Penelope D. Dalton,

Assistant Administrator for Fisheries,

National Marine Fisheries Service.

[FR Doc. 00–12290 Filed 5–15–00; 8:45 am]

BILLING CODE 3510–22–F