39564 Federal Register / Vol. 65, No. 124 / Tuesday, June 27, 2000 / Rules and Regulations

period of time within which any

interested person may file with the

presiding officer any written comments

on the proposed regulations and waiver,

including proposed findings and

conclusions and written arguments or

briefs, which are based upon the record

and citing where practicable the

relevant page or pages of the transcript.

If a party filing a brief desires the

presiding officer to reconsider any

objection made by such party to a ruling

of the presiding officer, the party shall

specifically identify such rulings by

reference to the pertinent pages of the

transcript and shall state their

arguments thereon as a part of the brief.

(c) Oral or written arguments shall be

limited to issues arising from direct

testimony on the record.

§ 228.20 Recommended decision,

certification of the transcript and

submission of comments on the

recommended decision.

(a) Promptly after expiration of the

period for receiving written briefs, the

presiding officer shall make a

recommended decision based on the

record and transmit the decision to the

Assistant Administrator. The

recommended decision shall include:

(1) A statement containing a

description of the history of the

proceedings;

(2) Findings on the issues of fact with

the reasons therefor; and

(3) Rulings on issues of law.

(b) The presiding officer shall also

transmit to the Assistant Administrator

the transcript of the hearing, the original

and all copies of the direct testimony,

and written comments. The presiding

officer shall attach to the original

transcript of the hearing a certificate

stating that, to the best of his knowledge

and belief, the transcript is a true

transcript of the testimony given at the

hearing except in such particulars as are

specified.

(c) Immediately after receipt of the

recommended decision, the Assistant

Administrator shall give notice thereof

in the Federal Register, send copies of

the recommended decision to all

parties, and provide opportunity for the

submission of comments. The

recommended decision may be

reviewed and/or copied in the office of

the Assistant Administrator, National

Marine Fisheries Service, 1315 EastWest Highway, Silver Spring, MD

20910.

(d) Within 20 days after the notice of

receipt of the recommended decision

has been published in the Federal

Register, any interested person may file

with the Assistant Administrator any

written comments on the recommended

decision. All comments, including

recommendations from or consultation

with the Marine Mammal Commission,

must be submitted during the 20-day

period to the Assistant Administrator at

the previously mentioned address.

§ 228.21 Assistant Administrator’s

decision.

(a) Upon receipt of the recommended

decision and transcript and after the 20-

day period for receiving written

comments on the recommended

decision has passed, the Assistant

Administrator shall make a final

decision on the proposed regulations

and waiver, where applicable. The

Assistant Administrator’s decision may

affirm, modify, or set aside, in whole or

in part, the recommended findings,

conclusions and decision of the

presiding officer. The Assistant

Administrator may also remand the

hearing record to the presiding officer

for a fuller development of the record.

(b) The Assistant Administrator’s

decision shall include:

(1) A statement containing a

description of the history of the

proceeding;

(2) Findings on the issues of fact with

the reasons therefor; and

(3) Rulings on issues of law.

(4) The Assistant Administrator’s

decision shall be published in the

Federal Register. If the waiver is

approved, the final adopted regulations

shall be promulgated with the decision.

[FR Doc. 00–16229 Filed 6–26–00; 8:45 am]

BILLING CODE 3510–22–F

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric

Administration

50 CFR Part 679

[I.D. 121399A]

Fisheries of the Exclusive Economic

Zone off Alaska; Bycatch Rate

Standards for the Second Half of 2000

AGENCY: National Marine Fisheries

Service (NMFS), National Oceanic and

Atmospheric Administration (NOAA),

Commerce.

ACTION: Pacific halibut and red king crab

bycatch rate standards; request for

comments.

SUMMARY: NMFS announces Pacific

halibut and red king crab bycatch rate

standards for the second half of 2000.

Publication of these bycatch rate

standards is required by regulations

implementing the vessel incentive

program. This action is necessary to

implement the bycatch rate standards

for trawl vessel operators who

participate in the Alaska groundfish

trawl fisheries. The intent of this action

is to reduce prohibited species bycatch

rates and promote conservation of

groundfish and other fishery resources.

DATES: Effective 1201 hours, Alaska

local time (A.l.t.), July 1, 2000, through

2400 hours, A.l.t., December 31, 2000.

Comments on this action must be

received at the following address no

later than 4:30 p.m., A.l.t., July 27, 2000.

ADDRESSES: Comments may be

submitted to Sue Salveson, Assistant

Regional Administrator, Sustainable

Fisheries Division, Alaska Region,

NMFS, P.O. Box 21668, Juneau, AK

99802–1668, Attn: Lori Gravel.

Comments also may be sent via

facsimile (fax) to 907–586–7465.

Comments will not be accepted if

submitted via e-mail or Internet. Courier

or hand delivery of comments may be

made to NMFS in the Federal Building,

Room 453, Juneau, AK 99801.

FOR FURTHER INFORMATION CONTACT:

Mary Furuness, 907–586–7228.

SUPPLEMENTARY INFORMATION: NMFS

manages the domestic groundfish

fisheries in the exclusive economic zone

of the Bering Sea and Aleutian Islands

management area (BSAI) and Gulf of

Alaska (GOA) according to 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. Regulations governing the U.S.

groundfish fisheries and implementing

the FMPs appear at 50 CFR part 679.

Regulations at § 679.21(f) implement a

vessel incentive program to reduce

halibut and red king crab bycatch rates

in the groundfish trawl fisheries. Under

the incentive program, operators of

trawl vessels may not exceed Pacific

halibut bycatch rate standards specified

for the BSAI and GOA midwater pollock

and ‘‘other trawl’’ fisheries, and the

BSAI yellowfin sole and ‘‘bottom

pollock’’ fisheries. Vessel operators also

may not exceed red king crab bycatch

standards specified for the BSAI

yellowfin sole and ‘‘other trawl’’

fisheries in Bycatch Limitation Zone 1

(defined in § 679.2). The fisheries

included under the incentive program

are defined in regulations at

§ 679.21(f)(2).

Regulations at § 679.21(f)(3) require

that halibut and red king crab bycatch

rate standards for each fishery included

Federal Register / Vol. 65, No. 124 / Tuesday, June 27, 2000 / Rules and Regulations 39565

under the incentive program be

published in the Federal Register. The

standards are in effect for specified

seasons within the 6-month periods of

January 1 through June 30, and July 1

through December 31. For purposes of

calculating vessel bycatch rates under

the incentive program, 2000 fishing

months were specified in the Federal

Register on December 28, 1999 (64 FR

72572).

NMFS published halibut and red king

crab bycatch rate standards for the first

half of 2000 in the Federal Register (64

FR 72572, December 28, 1999). As

required by § 679.21(f)(3) and (4), the

Administrator of the Alaska Region,

NMFS (Regional Administrator), has

established the bycatch rate standards

for the second half of 2000 (July 1

through December 31). The Council

endorsed these standards at its April

2000 meeting and are set out in Table

1. As required by § 679.21(f)(4), bycatch

rate standards are based on the

following information:

(A) Previous years’ average observed

bycatch rates;

(B) Immediately preceding season’s

average observed bycatch rates;

(C) The bycatch allowances and

associated fishery closures specified

under § 679.21(d) and (e);

(D) Anticipated groundfish harvests;

(E) Anticipated seasonal distribution

of fishing effort for groundfish; and

(F) Other information and criteria

deemed relevant by the Regional

Administrator.

TABLE 1.— BYCATCH RATE STANDARDS BY FISHERY FOR THE SECOND HALF OF 2000 FOR PURPOSES OF THE VESSEL

INCENTIVE PROGRAM IN THE BSAI AND GOA.

Fishery 2000 bycatch rate

standard

Halibut bycatch rate standards

(kilogram (kg) of halibut/metric ton (mt) of groundfish catch)

BSAI Midwater pollock 1.0

BSAI Bottom pollock 5.0

BSAI Yellowfin sole 5.0

BSAI Other trawl 30.0

GOA Midwater pollock 1.0

GOA Other trawl 40.0

Zone 1 red king crab bycatch rate standards

(number of crab/mt of groundfish catch)

BSAI yellowfin sole 2.5

BSAI Other trawl 2.5

Bycatch Rate Standards for Pacific

Halibut

The halibut bycatch rate standards for

the 2000 trawl fisheries are unchanged

from those implemented in 1999. The

Regional Administrator based standards

for the second half of 2000 on

anticipated seasonal fishing effort for

groundfish species on 1996–1999

halibut bycatch rates observed in the

trawl fisheries included under the

incentive program.

With the exception of the BSAI

yellowfin sole fishery, these bycatch

rate standards generally reflect the

average halibut bycatch rates observed

in the BSAI and GOA trawl fisheries. At

times, quarterly bycatch rates have

exceeded the bycatch rate standards, but

these situations usually represent

limited fishing effort (e.g., GOA other

trawl fisheries in the 2nd and 4th

quarters). The BSAI yellowfin sole

fishery has experienced undesirably

high bycatch rates that NMFS and the

Council expect to reduce through

existing incentives. NMFS anticipates

that the formation of American Fisheries

Act (AFA) cooperatives should help

participating vessels maintain overall

bycatch rates of halibut in the yellowfin

sole fishery at a minimal level so that

the amount of groundfish harvested may

be optimized under the AFA PSC

sideboard provisions. In determining

these bycatch rate standards, the

Regional Administrator considered the

annual and seasonal bycatch

specifications for the BSAI and GOA

trawl fisheries (65 FR 8282, February 18,

2000, and 65 FR 8298, February 18,

2000, respectively). He further

recognized that directed fishing for

Pacific cod for the inshore component

in the Western and Central Regulatory

Areas of the GOA is closed for the

remainder of the year. The GOA

shallow-water and deep-water trawl

fishery species complexes are open. In

the Bering Sea, the rockfish and rock

sole/flathead sole/other flatfish fishery

categories will open or reopen on July

4 when seasonal apportionments of

halibut bycatch allowances specified for

these fisheries become available. The

BSAI Pacific cod trawl fishery is closed

for the remainder of the year for catcher

vessels and is open for catcher

processors. The BSAI yellowfin sole

fishery is ongoing, and no closure has

yet been projected due to crab or halibut

bycatch. The Regional Administrator

also considered the June 10 opening

date of the 2000 Bering Sea pollock ‘C/

D’ season (§ 679.23(e)(2)) and the Gulf of

Alaska ‘C’ and ‘D’ season pollock

fisheries (§ 679.23(d)(2)). The halibut

bycatch rate standards for the BSAI

yellowfin sole and ‘‘bottom pollock’’

trawl fisheries are each set at 5

kilograms (kg) of halibut per metric ton

(mt) of groundfish. The halibut bycatch

rate standard for the BSAI and GOA

midwater pollock fisheries (1 kg of

halibut/mt of groundfish) is higher than

the bycatch rates normally experienced

by vessels participating in these

fisheries. This standard is intended to

encourage vessel operators to maintain

off-bottom trawl operations and limit

further bycatch of halibut in the pollock

fishery. A bycatch rate standard of 30 kg

halibut/mt of groundfish is established

for the BSAI ‘‘other trawl’’ fishery. This

standard has remained unchanged since

1992. A bycatch rate standard of 40 kg

of halibut/mt of groundfish is

established for the GOA ‘‘other trawl’’

fishery, which is unchanged since 1994.

The considerations that support these

bycatch rate standards for the ‘‘other

trawl’’ fisheries are unchanged from

previous years and are discussed in the

Federal Register publications of 1995

bycatch rate standards (60 FR 2905,

January 12, 1995, and 60 FR 27425, May

24, 1995). Observer data collected from

the 1999 GOA ‘‘other trawl’’ fishery

show average third and fourth quarter

halibut bycatch rates of 18 and 69 kg of

halibut/mt of groundfish, respectively.

The first quarter rate from 2000 was 23

kg of halibut/mt of groundfish. Observer

data from the 1999 BSAI ‘‘other trawl’’

fishery show third and fourth quarter

halibut bycatch rates of 6 and 9 kg of

halibut/mt of groundfish. The first

39566 Federal Register / Vol. 65, No. 124 / Tuesday, June 27, 2000 / Rules and Regulations

quarter rate from the 2000 BSAI ‘‘other

trawl’’ fishery was 8 kg of halibut/mt of

groundfish.

Bycatch Rate Standards for Red King

Crab

The red king crab bycatch rate

standard for the yellowfin sole and

‘‘other trawl’’ fisheries in Zone 1 of the

Bering Sea subarea is 2.5 crab/mt of

groundfish during the second half of

2000. This standard has remained

unchanged since 1992. Through April 8,

2000, the rock sole/flathead sole/other

flatfish fishery category had taken 76

percent of its annual red king crab

bycatch allowance including the Red

King Crab Savings Subarea bycatch

limit. The Pacific cod and yellowfin sole

fisheries have taken only 33 percent and

12 percent, respectively, of their bycatch

allowances. The Regional Administrator

anticipates that the non-pelagic trawl

gear closure of the red king crab savings

area in Zone 1 will continue to result in

low red king crab bycatch rates for the

remainder of the year and is

maintaining the 2.5 red king crab/mt of

groundfish bycatch rate standard.

The Regional Administrator has

determined that the bycatch rate

standards set forth in Table 1 for the 2nd

half of 2000 are appropriately based on

the information and considerations

necessary for such determinations under

§ 679.21(f). These bycatch rate standards

may be revised and published in the

Federal Register when deemed

appropriate by the Regional

Administrator, pending his

consideration of the information set

forth at § 679.21(f)(4).

Classification

This action is taken under 50 CFR

679.21(f) and is exempt from review

under E.O. 12866.

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

seq. and 3631 et seq.

Dated: June 21, 2000.

Bruce C. Morehead,

Acting Director, Office of Sustainable

Fisheries, National Marine Fisheries Service.

[FR Doc. 00–16227 Filed 6–26–00; 8:45 am]

BILLING CODE 3510–22–F