41044 Federal Register / Vol. 65, No. 128 / Monday, July 3, 2000 / Proposed Rules

(3) If new application is required. If

the RA’s notification indicates that a

new application is required, the

notification will include a preprinted

renewal application. If the RA receives

an incomplete application, the RA will

notify the applicant of the deficiency. If

the applicant fails to correct the

deficiency within 30 days of the date of

the RA’s letter of notification, the

application will be considered

abandoned. A permit, license, or

endorsement that is not renewed within

the applicable deadline will not be

reissued.

(4) If notification is not received. A

vessel owner or dealer who does not

receive a notification from the RA

regarding status of renewal of a permit,

license, or endorsement by 45 days prior

to expiration of the current permit must

contact the RA.

* * * * *

3. In § 622.35, paragraphs (e)(1)(xii)

through (e)(1)(xviii) are revised and

paragraphs (e)(1)(xl) through (e)(1)(li)

and (e)(2)(v) are added to read as

follows:

§ 622.35 South Atlantic EEZ seasonal and/

or area closures.

* * * * *

(e) * * *

(1) * * *

(xii) Artificial Reef—A is bounded on

the north by 30°57.4’ N. lat.; on the

south by 30°55.4’ N. lat.; on the east by

81°13.9’ W. long.; and on the west by

81°16.3’ W. long.

(xiii) Artificial Reef—C is bounded on

the north by 30°52.0’ N. lat.; on the

south by 30°50.0’ N. lat.; on the east by

81°08.5’ W. long.; and on the west by

81°10.9’ W. long.

(xiv) Artificial Reef—G is bounded on

the north by 30°00.0’ N. lat.; on the

south by 30°58.0’ N. lat.; on the east by

80°56.8’ W. long.; and on the west by

80°59.2’ W. long.

(xv) Artificial Reef—F is bounded on

the north by 31°06.8’ N. lat.; on the

south by 31°04.8’ N. lat.; on the east by

81°10.5’ W. long.; and on the west by

81°13.4’ W. long.

(xvi) Artificial Reef—J is bounded on

the north by 31°36.7’ N. lat.; on the

south by 31°34.7’ N. lat.; on the east by

80°47.3’ W. long.; and on the west by

80°50.1’ W. long.

(xvii) Artificial Reef—L is bounded on

the north by 31°46.0’ N. lat.; on the

south by 31°44.0’ N. lat.; on the east by

80°34.7’ W. long.; and on the west by

80°37.1’ W. long.

(xviii) Artificial Reef—KC is bounded

on the north by 31°51.2’ N. lat.; on the

south by 31°49.2’ N. lat.; on the east by

80°45.3’ W. long.; and on the west by

80°47.7’ W. long.

* * * * *

(xl) Artificial Reef—ALT is bounded

on the north by 31°18.6’ N. lat.; on the

south by 31°16.6’ N. lat.; on the east by

81°07.0’ W. long.; and on the west by

81°09.4’ W. long.

(xli) Artificial Reef—CAT is bounded

on the north by 31°40.2’ N. lat.; on the

south by 31°38.2’ N. lat.; on the east by

80°56.2’ W. long.; and on the west by

80°58.6’ W. long.

(xlii) Artificial Reef—CCA is bounded

on the north by 31°43.7’ N. lat.; on the

south by 31°41.7’ N. lat.; on the east by

80°40.0’ W. long.; and on the west by

80°42.3’ W. long.

(xliii) Artificial Reef—DRH is

bounded on the north by 31°18.0’ N.

lat.; on the south by 31°16.0’ N. lat.; on

the east by 80°56.6’ W. long.; and on the

west by 80°59.0’ W. long.

(xliv) Artificial Reef—DUA is

bounded on the north by 31°47.8’ N.

lat.; on the south by 31°45.8’ N. lat.; on

the east by 80°52.1’ W. long.; and on the

west by 80°54.5’ W. long.

(xlv) Artificial Reef—DW is bounded

on the north by 31°22.8’ N. lat.; on the

south by 31°20.3’ N. lat.; on the east by

79°49.8’ W. long.; and on the west by

79°51.1’ W. long.

(xlvi) Artificial Reef—KBY is bounded

on the north by 30°48.6’ N. lat.; on the

south by 30°46.6’ N. lat.; on the east by

81°15.0’ W. long.; and on the west by

81°17.4’ W. long.

(xlvii) Artificial Reef—KTK is

bounded on the north by 31°31.3’ N.

lat.; on the south by 31°29.3’ N. lat.; on

the east by 80°59.1’ W. long.; and on the

west by 81°01.5’ W. long.

(xlviii) Artificial Reef—MRY is

bounded on the north by 30°47.5’ N.

lat.; on the south by 30°45.5’ N. lat.; on

the east by 81°05.5’ W. long.; and on the

west by 81°07.8’ W. long.

(xlix) Artificial Reef—SAV is bounded

on the north by 31°55.4’ N. lat.; on the

south by 31°53.4’ N. lat.; on the east by

80°45.2’ W. long.; and on the west by

80°47.6’ W. long.

(l) Artificial Reef—SFC is bounded on

the north by 31°00.8’ N. lat.; on the

south by 30°59.8’ N. lat.; on the east by

81°02.2’ W. long.; and on the west by

81°03.4’ W. long.

(li) Artificial Reef—WW is bounded

on the north by 31°43.5’ N. lat.; on the

south by 31°42.2’ N. lat.; on the east by

79°57.7’ W. long.; and on the west by

79°59.3’ W. long.

* * * * *

(2) * * *

(v) In the SMZs specified in

paragraphs (e)(1)(xii) through

(e)(1)(xviii) and (e)(1)(xl) through

(e)(1)(li) of this section, the possession

of South Atlantic snapper-grouper taken

with a powerhead is limited to the bag

limits specified in § 622.39(d)(1).

* * * * *

4. In § 622.39, paragraph (a)(4) is

added to read as follows:

§ 622.39 Bag and possession limits.

(a) * * *

(4) Paragraph (a)(1) of this section

notwithstanding, a person aboard a

vessel for which a commercial permit

for South Atlantic snapper-grouper has

been issued must comply with the bag

limits specified in paragraph (d)(1) of

this section for South Atlantic snappergrouper taken with a powerhead,

regardless of where taken, when such

snapper-grouper are possessed in an

SMZ specified in § 622.35(e)(1)(xii)

through (e)(1)(xviii) or (e)(1)(xl) through

(e)(1)(li).

* * * * *

§§ 622.17 and 622.41 [Amended]

5. In addition to the amendments set

forth above, in 50 CFR part 622, remove

the telephone number, ‘‘813–570–

5344’’, and add in its place ‘‘727–570–

5344’’ in the following places:

(a) Section 622.17(b)(1) introductory

text; and

(b) Section 622.41(a)(4) introductory

text.

[FR Doc. 00–16773 Filed 6–30–00; 8:45 am]

BILLING CODE 3510–22–F

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric

Administration

50 CFR Part 679

[Docket No. 000627195–0195–01; I.D.

060500C]

RIN: 0648–AN94

Fisheries of the Exclusive Economic

Zone Off Alaska; Seasonal Adjustment

of Closure Areas to Trawl Gear in the

Central Regulatory Area of the Gulf of

Alaska

AGENCY: National Marine Fisheries

Service (NMFS), National Oceanic and

Atmospheric Administration (NOAA),

Commerce.

ACTION: Proposed rule; request for

comments.

SUMMARY: NMFS proposes a regulatory

amendment to implement a seasonal

closure of a portion of the Central

Regulatory Area of the Gulf of Alaska

(GOA) to vessels using trawl gear.

Regulatory authority also is proposed

Federal Register / Vol. 65, No. 128 / Monday, July 3, 2000 / Proposed Rules 41045

for inseason action to open directed

fishing for pollock within 10 nautical

miles (nm) of the Steller sea lion

haulouts located at Gull Point and Cape

Barnabas for research purposes. These

actions are necessary to support NMFSsponsored research on the effect of

fishing on localized pollock distribution

and abundance. The proposed

regulatory amendment is intended to

meet the objectives in the MagnusonStevens Fishery Conservation and

Management Act (Magnuson-Stevens

Act) and further the goals and objectives

of the Fishery Management Plan for

Groundfish of the Gulf of Alaska (FMP).

DATES: Comments on the proposed rule

must be received by July 18, 2000.

ADDRESSES: Comments may be mailed to

Sue Salveson, Assistant Regional

Administrator, Sustainable Fisheries

Division, Alaska Region, NMFS, P.O.

Box 21668, Juneau, AK 99802–1668,

Attn: Lori Gravel. Hand delivery or

courier delivery of comments may be

sent to the Federal Building, 709 West

9th St., Room 453, Juneau, AK 99801.

Comments will not be accepted if

submitted via e-mail or Internet. Copies

of the Environmental Assessment/

Regulatory Impact Review/Initial

Regulatory Flexibility Analysis (EA/

RIR/IRFA) prepared for this action are

available from NMFS at the listed

address, or by calling the Alaska Region,

NMFS, at (907) 586–7228.

FOR FURTHER INFORMATION CONTACT:

Thomas Pearson, (907) 481–1780, fax

(907) 481–1781, or

tom.pearson@noaa.gov.

SUPPLEMENTARY INFORMATION: NMFS

manages the domestic groundfish

fisheries of the GOA under the FMP.

The North Pacific Fishery Management

Council (Council) prepared the FMP

under the Magnuson-Stevens Act.

Regulations governing the groundfish

fisheries of the GOA appear at 50 CFR

parts 600 and 679.

This proposed regulatory action

would impose a ban on all trawl fishing

in the Chiniak Gully region on the east

side of Kodiak Island and authorize a

temporary reopening of the 10–nm

zones around Gull Point and Cape

Barnabas to directed fishing for pollock.

These fishing restrictions would be in

effect annually during the period of

August 1st to no later than September 20

in the years 2000–2003. These

restrictions are necessary to support

NMFS research designed to identify and

quantify the effects of commercial

fishing on the availability of pollock to

foraging Steller sea lions within a finite

area. This research is intended to help

assess the effectiveness and efficiency of

alternative management methods for

ensuring that pollock fisheries off

Alaska neither jeopardize the continued

existence of the western population of

endangered Steller sea lions nor

adversely modify its critical habitat.

Currently the information available to

evaluate alternative methods for

protecting Steller sea lions and their

habitat is very limited, which could

result in the use of less effective and

less efficient management measures.

NMFS is proposing a controlled

experiment off Kodiak Island in order to

improve the information that can be

used to assess further management

actions to protect Steller sea lions and

their habitat.

The proposed research is designed to

provide information bearing on the

following issues: (1) Whether

measurable changes exist in the

distribution and abundance of pollock

during the 4-year duration of the study,

(2) whether commercial pollock

fisheries cause short-term (days to

weeks) changes in the pollock school

dynamics, and (3) whether pollock

fisheries cause reductions in the

availability of sea lion forage (i.e.,

pollock) in localized regions off the east

side of Kodiak Island.

NMFS plans to conduct an echo

integration trawl (EIT) survey before,

during, and after the ’πC’ season

commercial pollock fishery off the east

side of Kodiak Island in the years 2000

to 2003. An EIT survey involves

systematic survey vessel track lines over

which acoustic and research trawl data

are collected and used to generate

estimates of abundances and

distribution patterns of targeted species.

The ’C’ season currently opens on

August 20 (§ 679.22(d)(3)).

The experimental design proposes a

feasibility study in the first year and

three full implementation experiments

in 2001 to 2003. A feasibility study is

necessary because NMFS has not

conducted EIT surveys in the GOA

during summer months and uncertainty

exists whether survey conditions will be

suitable for identifying abundance and

distribution patterns of pollock.

Questions also exist about conducting

an EIT survey in a small geographic area

during the same time period that

commercial fisheries are operating.

The research proposal identifies two

treatment (fishing areas) areas at

Barnabas Gully and Marmot Canyon

where directed fishing for pollock

typically occurs. A control site (no

fishing) also is proposed in the Chiniak

Gully area where trawl fishing will be

prohibited in Federal waters. The

prohibition on trawling in the control

site is necessary to provide a basis for

comparing pollock school dynamics in

a fished and unfished condition

(addressing issue 2 above). These study

locations are proposed because they

encompass historical fishing areas for

pollock that are separated by

topographical features with generally

discrete concentrations of fish. The

concentration of fishing effort in the

GOA enables the designation of

comparable treatment and control sites,

which are essential to the study design.

In 2001 to 2003, the EIT research

surveys would be conducted in the

same areas as the feasibility survey in

2000, with additional sampling after the

fishing season has ended. The

consistency in area and season (August

to September) will enable researchers to

obtain a time series of data and evaluate

the effects of interannual variation. The

proposed research could provide

researchers with better information on

pollock movements and impacts of

commercial pollock harvest on foraging

behavior of Steller sea lions.

A regulatory amendment is required

to prohibit trawl fishing in the control

site and to allow fishing for pollock in

the treatment sites, including within the

10–nm zones surrounding the Cape

Barnabas and Gull Island Steller sea lion

haulout sites that currently are closed to

directed fishing for pollock. To

accomplish this objective, the proposed

regulatory amendment would

implement two measures. First, it would

prohibit trawl fishing in the Chiniak

Gully area off the east side of Kodiak

Island from August 1st to a date no later

than September 20th for four years (2000

to 2003). The Chiniak Gully control site

is defined by straight lines intersecting

the following coordinates in the order

given: 152.37° W. long., 57.81° N. lat.;

151.85° W. long., 57.81° N. lat.; 150.64°

W. long., 57.22° N. lat.; 151.27° W.

long., 56.98° N. lat.; 152.16° W. long.,

57.62° N. lat.; and 152.37° W. long.,

57.81° N. lat.

The second management measure

would authorize inseason action to open

directed fishing for pollock within 10

nm of the Steller sea lion haulouts

located at Gull Point and Cape Barnabas

during the same period of time the

Chiniak Gully control site is closed if

specified conditions are met. Fishing

within 10 nm of these two haulout sites

would be authorized as part of the

treatment area of Barnabas Gully, unless

NMFS’ EIT survey conducted as part of

its proposed research design prior to the

August 20 opening of the pollock C

season indicates that the abundance and

size distribution of pollock in the

Barnabas Gully area are insufficient to

support a commercial fishery. If the

annual EIT survey fails to locate

commercial concentrations of pollock in

41046 Federal Register / Vol. 65, No. 128 / Monday, July 3, 2000 / Proposed Rules

Barnabas Gully, the treatment area for a

year would be moved from Barnabas

Gully to Marmot Canyon and the

pollock fishing closures within 10 nm

surrounding Cape Barnabas and Gull

Point would remain effective. These

considerations are intended to focus the

research area where large concentrations

of pollock are present to minimize the

potential for localized depletion.

Pursuant to section 7 of the

Endangered Species Act (ESA), NMFS

completed a biological opinion (B.O.) on

December 3, 1998, which was revised

December 16, 1998, that evaluated the

effects of the Atka mackerel fisheries of

the Bering Sea and Aleutian Islands

management area (BSAI) and the

pollock fisheries of the BSAI and the

GOA on candidate and listed species,

including the Steller sea lion, and

designated critical habitat. The B.O.

concluded that the Atka mackerel

fisheries were not likely to jeopardize

candidate or listed species or adversely

modify any designated critical habitat.

However, the B.O. concluded that the

pollock fisheries were likely to

jeopardize the endangered western

population of Steller sea lions and

adversely modify its critical habitat. On

October 15, 1999, NMFS issued revised

final reasonable and prudent

alternatives (RFRPAs) to avoid the

likelihood that the pollock fisheries

jeopardize the endangered western

population of Steller sea lions and

adversely modify its critical habitat. The

RFRPAs were implemented by

emergency interim rule at the

commencement of the 2000 pollock

fisheries (65 FR 3892, January 25, 2000).

This emergency interim rule was

extended through December 31, 2000

(65 FR 36795, June 12, 2000), to

continue to implement RFRPAs to

protect Steller sea lions and their

designated critical habitat. Among other

things, the RFRPAs allow the proposed

research and directed fishing for pollock

to be authorized until permanent

rulemaking is implemented.

The RFRPAs establish pollock ‘‘no

trawl zones’’ in waters of the GOA

around Steller sea lion rookeries and

major haulouts out to 10 nm. Three

exceptions to these closures were

described, including one for the Steller

sea lion haulouts at Cape Barnabas and

Gull Point, where these sites may be

opened for the purpose of conducting

research to determine the effects of the

pollock fisheries on prey resources in

this area.

Species listed under the ESA are

present in the action area and some may

be negatively affected by the proposed

research. Therefore, NMFS has initiated

formal consultation under section 7 of

the ESA on the proposed action to

authorize directed fishing for pollock

within 10 nm of the Gull Point and Cape

Barnabas haulout areas during the

August 20 opening of the pollock ‘‘C’’

season in the GOA. Consultation will

need to be concluded prior to agency

determination on whether or not to

approve the proposed action.

Classification

At this time, NMFS has not

determined that the proposed seasonal

adjustments of fishery closures this rule

would implement are consistent with

the national standards of the MagnusonStevens Act and other applicable laws.

NMFS, in making that determination,

will take into account the data, views,

and comments received during the

comment period.

This proposed rule has been

determined to be not significant for

purposes of E.O. 12866.

Nothing in this proposed action

would result in any changes in reporting

or recordkeeping requirements. The

analysis for this proposed action did not

reveal any existing Federal rules that

duplicate, overlap, or conflict with this

action.

NMFS prepared an IRFA that

describes the impact this proposed rule,

if adopted, may have on small entities.

Most of the vessels that the proposed

rule would apply to are between 80 and

100 feet in length and are small entities

under the $3 million gross earnings

criterion. This action would apply to all

of the approximately 200 groundfish

trawl vessels that participate in the Gulf

of Alaska groundfish trawl fisheries

during the months of August and

September. However, only about 10

percent (20 vessels) have fished in the

areas subject to the controlled

experiment during those months. Most

of the vessels that otherwise would

trawl for groundfish in the proposed

Chiniak Gully area are home ported in

and operate out of Kodiak, adjacent to

the proposed closure area. Although

vessels would be able to harvest

elsewhere, they would be expected to

incur some additional costs as a result

of traveling greater distances to

alternative fishing areas. However, these

costs are expected to be low and would

be short-lived while the benefits of the

improved information the controlled

experiment is designed to provide could

be substantial. NMFS anticipates that

the information the experiment would

produce would help decrease the risk of

not implementing effective measures to

protect Steller sea lions, and decrease

the cost of providing a given level of

protection for the sea lions.

NMFS considered maintaining the

status quo, which could have resulted in

less severe economic impacts on some

small entities. However, this alternative

would not allow NMFS to conduct the

controlled experiment and obtain

information that could be used to assess

further management actions to protect

Steller sea lions and their habitat. NMFS

also considered an alternative that

would exempt small entities from the

proposed time/area closure. However,

such an exemption would undermine

the intent of the action to allow a

controlled experiment to assess the

effects of trawl fishing on the

availability of prey for Steller sea lions.

The preferred alternative, which this

proposed rule would implement, was

designed to cause the least economic

impact to small entities while still

obtaining the necessary information to

protect Steller sea lions. Without the

information obtained through this

proposed action, other management

actions that would cause greater

economic impacts, such as permanent

closure of all critical habitat to protect

Steller sea lions, may have to be

implemented.

List of Subjects in 50 CFR Part 679

Alaska, Fisheries, Recordkeeping and

reporting requirements.

Dated: June 27, 2000.

Andrew A. Rosenberg,

Deputy Assistant Administrator for Fisheries,

National Marine Fisheries Service.

For the reasons discussed in the

preamble, 50 CFR part 679 is proposed

to be amended 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 § 679.22, paragraph (b)(5) is

added to read as follows:

§ 679.22 Closures.

* * * * *

(b) * * *

(5) Chiniak Gully Research Area

(effective through December 31, 2003)—

(i) Description of Chiniak Gully. The

Chiniak Gully Research Area is defined

as that part of statistical Area 630

bounded by straight lines connecting

the coordinates in the order listed:

57.81° N. lat., 152.37° W. long.;

57.81° N. lat., 151.85° W. long.;

57.22° N. lat., 150.64° W. long.;

56.98° N. lat., 151.27° W. long.;

Federal Register / Vol. 65, No. 128 / Monday, July 3, 2000 / Proposed Rules 41047

57.62° N. lat., 152.16° W. long.; and

hence counterclockwise along the

shoreline of Kodiak Island to

57.81° N. lat., 152.37° W. long.

(ii) Closure. (A) The Chiniak Gully

Research Area is closed to vessels using

trawl gear from August 1 to a date no

later than September 20, except that

trawl gear may be tested in the manner

described at § 679.24(d)(2) in the Kodiak

Test Area defined at § 679.24(d)(4)(i)

and illustrated in Figure 7 to this part.

(B) Prior to September 20, the

Regional Administrator may publish

notification in the Federal Register

rescinding the trawl closure in the

Chiniak Gully Research Area described

in paragraph (b)(5)(i) of this part and

reinstating closures to directed fishing

for pollock within 10 nm of the Steller

sea lion haulout sites located at Gull

Point and Cape Barnabas if such

closures were rescinded under

paragraph (b)(5)(iii) of this section.

(iii) Exemption to Steller sea lion

critical habitat closures. (A) General.

During the C season in Statistical Area

630 of the GOA, defined at

§ 679.23(d)(3)(iii) of this part, the

Regional Administrator may rescind the

prohibition on directed fishing for

pollock within 10 nm of the Steller sea

lion haulout sites at Cape Barnabas and

Gull Point on Kodiak Island, which are

defined at § 679.22(b)(3)(ii)and Table 13

of this part.

(B) Criteria for exemption. NMFS will

conduct an annual echo integration

trawl survey of pollock abundance and

distribution off the east side of Kodiak

Island prior to the start of the pollock

C season defined at § 679.23(d)(3)(iii). If

survey results indicate that the

abundance and size distribution of

pollock in the area between the Steller

sea lion haulouts at Cape Barnabas and

Gull Point, defined at § 679.22(b)(3)(ii)

and Table 13 of this part, are sufficient

to support a commercial fishery, then

NMFS will authorize directed fishing

for pollock within 10 nm of these two

haulout sites during that C season.

(C) Notification. If the Regional

Administrator rescinds the closures to

directed fishing for pollock around the

Cape Barnabas and Gull Point haulout

sites under this paragraph (b)(5)(iii),

NMFS will publish notification in the

Federal Register announcing this action

prior to the start of the pollock C season.

* * * * *

[FR Doc. 00–16770 Filed 6–30–00; 8:45 am]

BILLING CODE 3510–22–F