31104 Federal Register / Vol. 65, No. 95 / Tuesday, May 16, 2000 / Rules and Regulations

NMFS with the approval of

Amendments 39, 41, and 5.

Classification

Pursuant to 5 U.S.C. 553(b)(B), a rule

may be issued without prior notice and

opportunity for public comment if

providing such notice and comment

period would be impractical,

unnecessary, or contrary to the public

interest. Additionally, a rule may be

made effective prior to 30 days after its

issuance if good cause is found and

provided by the agency in the

rule,pursuant to 5 U.S.C. 553(d)(3). This

final rule implements the original intent

of the Council and NMFS concerning

severability of LLP licenses. The public

was provided with prior notice and an

opportunity to comment on these and

other proposed regulations

implementing the LLP by the proposed

rule published at 62 FR 43866 (August

15, 1997). A delay in implementation of

this action would unnecessarily

encumber persons conducting business

under the LLP transfer provisions. For

these reasons, the Assistant

Administrator, NMFS, finds good cause

to make this rule effective immediately

upon filing for public inspection with

the Office of the Federal Register.

In connection with the proposed rule

published at 62 FR 43866 (August 15,

1997), to implement the LLP, the

Assistant General Counsel for

Legislation and Regulation, Department

of Commerce, certified to the Chief

Counsel for Advocacy of the Small

Business Administration that the

regulations implementing the LLP

would not have a significant adverse

economic impact on a substantial

number of small entities. The

regulations implemented by this action

consist of the transfer provisions in that

proposed rule and accordingly are

covered by that certification.

This rule has been determined to be

not significant for purposes of E.O.

12866.

List of Subjects in 50 CFR Part 679

Alaska, Fisheries, Reporting and

recordkeeping requirements.

Dated: May 10, 2000.

Penelope D. Dalton,

Assistant Administrator for Fisheries,

National Marine Fisheries Service.

For reasons set out 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 part 679

continues to read as follows:

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

seq., and 3631 et seq.

2. In § 679.4, paragraph (k)(7)(viii) is

added to read as follows:

§ 679.4 Permits.

* * * * *

(k) * * *

(7) * * *

(viii) Severability of licenses. (A) Area

endorsements or area/species

endorsements specified on a license are

not severable from the license and must

be transferred together.

(B) A groundfish license and a crab

species license issued based on the legal

landings of the same vessel and initially

issued to the same qualified person are

not severable and must be transferred

together.

* * * * *

[FR Doc. 00–12276 Filed 5–11–00; 3:16 pm]

BILLING CODE 3510–22–F

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric

Administration

50 CFR Part 679

[Docket No. 000211039–0039–01; I.D.

050800A]

Fisheries of the Exclusive Economic

Zone Off Alaska; Groundfish Fisheries

by Vessels Using Hook-and-Line Gear

in the Gulf of Alaska

AGENCY: National Marine Fisheries

Service (NMFS), National Oceanic and

Atmospheric Administration (NOAA),

Commerce.

ACTION: Closure.

SUMMARY: NMFS is prohibiting directed

fishing for groundfish by vessels using

hook-and-line gear in the Gulf of Alaska

(GOA), except for sablefish or demersal

shelf rockfish. This action is necessary

because the second seasonal halibut

bycatch mortality allowance

apportioned to hook-and-line gear

targeting groundfish other than sablefish

or demersal shelf rockfish in the GOA

has been caught.

DATES: Effective 1200 hrs, Alaska local

time (A.l.t.), May 18, 2000, until 1200

hrs, A.l.t., September 1, 2000.

FOR FURTHER INFORMATION CONTACT:

Mary Furuness, 907–586–7228.

SUPPLEMENTARY INFORMATION: NMFS

manages the groundfish fishery in the

GOA exclusive economic zone

according to the Fishery Management

Plan for Groundfish of the Gulf of

Alaska (FMP) prepared by the North

Pacific Fishery Management Council

under authority of the MagnusonStevens Fishery Conservation and

Management Act. Regulations governing

fishing by U.S. vessels in accordance

with the FMP appear at subpart H of 50

CFR part 600 and 50 CFR part 679.

The Final 2000 Harvest Specifications

of Groundfish for the GOA (65 FR 8298,

February 18, 2000) established the

Pacific halibut bycatch mortality

allowance for groundfish included in

the other hook-and-line fishery, which

is defined at § 679.21(d)(4)(iii)(C), for

the second season, the period May 18,

2000, through August 31, 2000, as 15

metric tons. The other hook-and-line

fishery includes all groundfish, except

sablefish or demersal shelf rockfish.

In accordance with § 679.21(d)(7)(ii),

the Administrator, Alaska Region,

NMFS (Regional Administrator), has

determined that the second seasonal

apportionment of the 2000 Pacific

halibut bycatch mortality allowance

specified for the hook-and-line

groundfish fisheries other than sablefish

or demersal shelf rockfish in the GOA

has been caught. Consequently, NMFS

is prohibiting directed fishing for

groundfish other than sablefish or

demersal shelf rockfish by vessels using

hook-and-line gear in the GOA.

Maximum retainable bycatch amounts

may be found in the regulations at

§ 679.20(e) and (f).

Classification

This action responds to the best

available information recently obtained

from the fishery. It must be

implemented immediately in order to

prevent overharvesting the second

seasonal apportionment of the 2000

Pacific halibut bycatch mortality

allowance specified for the groundfish

fisheries other than sablefish or

demersal shelf rockfish by vessels using

hook-and-line gear in the GOA. A delay

in the effective date is impracticable and

contrary to the public interest. The

second seasonal bycatch mortality

allowance of Pacific halibut apportioned

to hook-and-line gear targeting

groundfish other than sablefish or

demersal shelf rockfish in the GOA has

been caught. NMFS finds for good cause

that the implementation of this action

can not be delayed for 30 days.

Accordingly, under 5 U.S.C. 553(d), a

delay in the effective date is hereby

waived.

This action is required by § 679.21

and is exempt from review under E.O.

12866.

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

Federal Register / Vol. 65, No. 95 / Tuesday, May 16, 2000 / Rules and Regulations 31105

Dated: May 10, 2000.

Bruce C. Morehead,

Acting Director, Office of Sustainable

Fisheries, National Marine Fisheries Service.

[FR Doc. 00–12297 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. 991221345–0108–02; I.D.

113099B]

RIN 0648–AL30

Fisheries of the Exclusive Economic

Zone Off Alaska; Prohibition of

Nonpelagic Trawl Gear in the Bering

Sea and Aleutian Islands Pollock

Fishery

AGENCY: National Marine Fisheries

Service (NMFS), National Oceanic and

Atmospheric Administration (NOAA),

Commerce.

ACTION: Final rule.

SUMMARY: NMFS issues regulations to

implement Amendment 57 to the

Fishery Management Plan for the

Groundfish Fishery of the Bering Sea

and Aleutian Islands Area (FMP). This

action consists of three regulatory

changes. First, it prohibits the use of

nonpelagic trawl gear in the directed

non-community development quota

(CDQ) pollock fisheries of the Bering

Sea and Aleutian Islands (BSAI).

Second, it makes the performance

standard for pelagic trawl gear

applicable at all times to vessels in the

directed non-CDQ pollock fishery in the

BSAI. Third, it reduces the crab and

Pacific halibut (halibut) bycatch limits

established for the BSAI groundfish

trawl fisheries. This action is necessary

to address bycatch reduction objectives

in the Magnuson-Stevens Fishery

Conservation and Management Act

(Magnuson-Stevens Act), and is

intended to further the goals and

objectives of the FMP.

DATES: Effective June 15, 2000.

ADDRESSES: Copies of the

Environmental Assessment/Regulatory

Impact Review (EA/RIR) and the Final

Regulatory Flexibility Analysis (FRFA)

prepared for this action may be obtained

from the Alaska Region, NMFS, P.O.

Box 21668, Juneau, AK 99802–1668,

Attn: Lori Gravel, or by calling the

Alaska Region, NMFS, at 907–586–7228.

FOR FURTHER INFORMATION CONTACT:

Nina Mollett, (907) 586–7228.

SUPPLEMENTARY INFORMATION: NMFS

manages the domestic groundfish

fisheries of the BSAI under the FMP.

The North Pacific Fishery Management

Council (Council) prepared the FMP,

and NMFS approved it, under the

Magnuson-Stevens Act. Regulations

governing the groundfish fisheries of the

BSAI appear at 50 CFR parts 600 and

679.

Background and Need for Action

The objective of Amendment 57 is to

reduce bycatch in the BSAI pollock

fishery. The amendment and its

implementing regulations are designed

to comply with the Magnuson-Stevens

Act, which emphasizes the importance

of reducing bycatch to maintain

sustainable fisheries. National standard

9 of the Magnuson-Stevens Act

mandates that conservation and

management measures minimize

bycatch, to the extent practicable, and

minimize mortality where bycatch

cannot be avoided.

NMFS published the proposed rule to

implement Amendment 57 in the

Federal Register on December 29, 1999

(64 FR 73003). The public comment

period ended on February 14, 2000.

NMFS approved Amendment 57 on

March 8, 2000.

The final action to implement the

amendment has three parts.

1. Prohibition on the Use of Nonpelagic

Trawl Gear in the BSAI Directed NonCDQ Pollock Fishery

This rule prohibits nonpelagic

trawling for non-CDQ pollock in the

BSAI. Since January 1999, the entire

BSAI pollock TAC, except for the CDQ

fishery, has been allocated to pelagic

trawl gear.

The prohibition is expected to reduce

bycatch on a permanent basis (for the

past 2 years the nonpelagic trawl ban

has been in effect through allocation of

zero TAC) while imposing a relatively

low cost on the fishery. Pollock is the

only fishery where both pelagic and

nonpelagic trawl gear are used. Pelagic

gear has a substantially lower bycatch

rate for halibut and crab. Most fishing

for pollock in the BSAI was conducted

with pelagic gear even before 1999.

2. Performance Standard

The existing performance standard for

pelagic trawl gear at § 679.7(a)(14)

prohibits a vessel engaged in directed

fishing for pollock, when directed

fishing for pollock with nonpelagic

trawl gear is closed, from having 20 or

more crabs of any species, with a

carapace width of more than 1.5 inches

(38 mm) at the widest dimension, on

board at any one time. Crabs were

chosen for the standard because they

inhabit the seabed and, if caught with

trawl gear, indicate that the trawl has

been in contact with the bottom. The

standard is revised to make it applicable

at all times to vessels engaged in a

directed fishery for non-CDQ pollock in

the BSAI because all vessels, except

those fishing for CDQ pollock, are

prohibited from using nonpelagic trawl

gear.

3. Prohibited Species Catch (PSC) Limits

The final rule reduces the bycatch

limit for halibut and crab caught using

trawl gear in the BSAI. The CDQ

program will continue to receive 7.5

percent of each PSC limit, in accordance

with § 679.21(e)(1), which contains the

existing limits for each PSC species in

the BSAI. The current halibut PSC

allowance is 3,775 metric tons (mt).

Crab bycatch limits vary according to

abundance and spawning biomass as

determined by annual surveys.

This final rule reduces the halibut

PSC limit by 100 mt to 3,675 mt. The

rule reduces the PSC allowance for red

king crabs by 3,000 animals, for

Chionoecetes (C.) bairdi crabs by 50,000

animals, and for C. opilio crabs by

150,000 animals. The rule reduces the

C. bairdi crabs allowance by 20,000 in

Zone 1 and by 30,000 in Zone 2,

reflecting the larger fishery there.

The Council recommended these

reduced PSC limits after considering

data on bycatch rates from vessels using

pelagic gear while the performance

standard was in effect. Two other

options were considered: Option 1

would have reduced only the halibut

bycatch limit, and Option 2 would have

reduced bycatch by lesser amounts for

halibut and the three PSC crab species.

The Council chose Option 3 because it

more realistically conforms to the

amount of bycatch likely to be avoided

as a result of the prohibition on

nonpelagic trawl gear. The analysis of

all options and alternatives is contained

in the EA/RIR, the Initial Regulatory

Flexibility Analysis, and the FRFA that

were prepared for this action.

Pollock CDQ Fisheries

Under this final rule, vessels fishing

for CDQ pollock are not subject to the

prohibition on the use of nonpelagic

trawl gear. The structure of the CDQ

program provides a strong incentive to

the CDQ groups and their harvesting

partners to use fishing gear and fishing

techniques that minimize the bycatch of

non-target groundfish and prohibited

species. Under this final rule, the CDQ

program will receive a reduced

allocation of PSC, because it will

continue to receive a 7.5 percent