3892 Federal Register / Vol. 65, No. 16 / Tuesday, January 25, 2000 / Rules and Regulations

date of this rule for 30 days is

unnecessary.

Because prior notice and opportunity

for public comment are not required for

this action 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 not applicable.

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

Dated: January 18, 2000.

Andrew R. Rosenberg,

Deputy Assistant Administrator, National

Marine Fisheries Service.

[FR Doc. 00–1700 Filed 1–24–00; 8:45 am]

BILLING CODE 3510–22–F

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric

Administration

50 CFR Part 679

[Docket No. 000119015–0015–01; I.D.

010500A]

RIN 0648–AM32

Fisheries of the Exclusive Economic

Zone Off Alaska; Steller Sea Lion

Protection Measures for the Pollock

Fisheries Off Alaska

AGENCY: National Marine Fisheries

Service (NMFS), National Oceanic and

Atmospheric Administration (NOAA),

Commerce.

ACTION: Emergency interim rule;

revision to 2000 interim harvest

specifications; request for comments.

SUMMARY: NMFS issues an emergency

interim rule implementing reasonable

and prudent alternatives (RPAs) 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 emergency rule implements three

types of management measures for the

pollock fisheries of the Bering Sea and

Aleutian Islands Management Area

(BSAI) and Gulf of Alaska (GOA):

Measures to temporally disperse fishing

effort; measures to spatially disperse

fishing effort; and measures to provide

sufficient protection from fisheries

competition for prey in waters adjacent

to rookeries and important haulouts.

These emergency measures are

necessary to avoid jeopardy and adverse

modification.

DATES: Effective January 20, 2000,

through July 19, 2000. Comments must

be received by February 24, 2000.

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

(BiOp) on the pollock fisheries of the

BSAI and GOA and the Atka mackerel

fishery of the Aleutian Islands subarea,

the Revised Final Reasonable and

Prudent Alternatives (RFRPAs), and the

Environmental Assessment/Regulatory

Impact Review (EA/RIR) prepared for

the emergency interim rule may be

obtained from the same address. The

BiOp and the RFRPAs are also available

on the Alaska Region home page at

http://www.fakr.noaa.gov. Comments

will not be accepted if submitted via email or Internet.

FOR FURTHER INFORMATION CONTACT:

Shane Capron, 907–586–7228 or

shane.capron@noaa.gov

SUPPLEMENTARY INFORMATION: NMFS

manages the groundfish fisheries in the

exclusive economic zone off Alaska

under 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

(Magnuson-Stevens Act), 16 U.S.C. 1801

et seq. Regulations governing U.S.

fisheries and implementing the FMPs

appear at 50 CFR parts 600 and 679.

Background

In 1990, NMFS designated the Steller

sea lion as a threatened species under

the Endangered Species Act of 1973

(ESA). The designation followed severe

declines throughout much of the GOA

and Aleutian Islands region. In 1993,

NMFS defined critical habitat for the

species to include (among other areas),

the marine areas within 20 nautical

miles (nm) of major rookeries and

haulouts of the species west of 144° W

long. In 1997, NMFS recognized two

separate populations, and reclassified

the western population (west of 144° W

long.) as endangered.

NMFS first began collecting

information on the abundance of Steller

sea lions during the 1950s and 1960s.

However, the first counts based on

reliable data were not available until the

late 1970s; these counts reported

approximately 109,800 animals. During

the 1980s, a precipitous decline of

Steller sea lions was observed. By 1996,

counts declined to only 22,000 animals,

a decline of 80 percent from the late

1970s. Counts of adult and juvenile

Steller sea lions have continued to

decline over the last few years, but at a

lower rate. Due to the small population

size, these recent reductions may be a

serious obstacle to the recovery of the

western population of Steller sea lions.

Multiple factors have contributed to

the decline, but considerable evidence

indicates that lack of available prey is a

serious problem. Foraging studies

confirm that Steller sea lions depend on

pollock as a major prey source, and that

they may be particularly sensitive to any

reduced availability of prey during the

winter. The significance of pollock in

the diet of sea lions may have increased

since the 1970s due to shifts in the

Bering Sea ecosystem related to

atmospheric and oceanographic

changes. Pollock are also the target of

the largest commercial fisheries in

Alaska, fisheries that have grown

increasingly concentrated in time and

area. This concentration of effort occurs

largely in areas designated as Steller sea

lion critical habitat and may reduce

prey availability during critical times in

the life history of sea lions. Additional

information on Steller sea lions and the

pollock fisheries of the BSAI and GOA

is contained in the BiOp and in the EA/

RIR prepared for this action (see

ADDRESSES).

Purpose and Need for Action

In accordance with the requirements

of the ESA, the NMFS Office of

Protected Resources issued a BiOp

dated December 3, 1998, revised

December 16, 1998, on the pollock

fisheries of the BSAI and GOA and the

Atka mackerel fishery of the Aleutian

Islands subarea. The BiOp concluded

that the BSAI and GOA pollock trawl

fisheries, as projected for 1999 through

2002, were likely to jeopardize the

endangered western population of

Steller sea lions and destroy or

adversely modify critical habitat

designated for this population. ‘‘To

jeopardize’’ means ‘‘to engage in an

action that reasonably would be

expected, directly or indirectly, to

reduce appreciably the likelihood of

both the survival and recovery of a

listed species in the wild by reducing

the reproduction, numbers, or

distribution of that species’’ (50 CFR

402.02). The clause ‘‘adversely modify

its critical habitat’’ means ‘‘a direct or

indirect alteration that appreciably

diminishes the value of critical habitat

for both the survival and recovery of a

listed species. Such alterations include,

but are not limited to, alterations

adversely modifying any of those

physical or biological features that were

the basis for determining the habitat to

Federal Register / Vol. 65, No. 16 / Tuesday, January 25, 2000 / Rules and Regulations 3893

be critical’’ (50 CFR 402.02). The BiOp

also concluded that the Atka mackerel

fishery, as modified by recent regulatory

changes (64 FR 3446; January 22, 1999),

was not likely to jeopardize the

endangered western population of

Steller sea lions or destroy or adversely

modify its critical habitat.

The BiOp did not prescribe a single

set of RPAs for the BSAI and GOA

pollock fisheries but rather established

a framework to avoid the likelihood of

jeopardizing the continued existence of

the western population of Steller sea

lions or adversely modifying its critical

habitat. The framework consisted of

three principles: (1) Temporal

dispersion of fishing effort, (2) spatial

dispersion of fishing effort, and (3)

protection from fisheries competition

for Steller sea lion prey in waters

adjacent to rookeries and important

haulouts. For each of these principles,

the BiOp provided guidance on the

development of management measures

to meet the objectives and, ultimately, to

avoid jeopardy and adverse

modification. The BiOp stated that

certain conservation measures could be

phased in over a 2-year period.

In December 1998, NMFS staff briefed

the Council on the BiOp. The Council

then prepared recommendations for

alternative management measures based

on the RPA guidelines to avoid jeopardy

and adverse modification. The Council’s

recommendation did not contain Bering

Sea subarea (BS) B and C season

specifications. However, the Council

planned to recommend B and C season

measures prior to the second half of

1999. The Council also recommended

closing all but nine of the haulout zones

specified by the BiOp in the BSAI and

GOA. NMFS determined these

recommendations to be acceptable as

part of a 2-year phase-in strategy, in

which equivalent or better protections

would be extended for those areas for

2000 and beyond.

On December 16, 1998, NMFS

adopted the measures recommended by

the Council (with modifications) into

the BiOp as part of an RPA for the

fisheries. NMFS published an

emergency interim rule implementing

RPAs in the Federal Register on January

22, 1999 (64 FR 3437), amended on

February 17, 1999 (64 FR 7814) and on

February 25, 1999 (64 FR 9375), which

was effective through July 19, 1999. The

preamble to the emergency rule

provides a detailed description of the

purpose and need for the

implementation of emergency measures

in 1999.

The Council met again in February,

April, and June 1999, to consider

recommendations for extending the

emergency rule for the second half of

1999, and, at its June meeting, voted to

extend the emergency rule. Using the

Council’s recommendation, NMFS

extended the emergency rule through

December 31, 1999 (64 FR 39087, July

21, 1999; technical amendment 64 FR

43297, August 10, 1999), with revisions

to include specifications for the B and

C seasons in the BS.

In June 1999, the Council also

deliberated on various management

measures to implement permanently the

RPA guidelines as described in the BiOp

for 2000 and beyond. After significant

debate and public comment, the Council

voted to recommend a series of

conservation measures to protect Steller

sea lions.

Greenpeace, the American Oceans

Campaign, and the Sierra Club

challenged the BiOp in the U.S. District

Court for the Western District of

Washington. In an Order issued on July

9, 1999 (and amended on July 13, 1999),

the Court upheld NMFS’ no-jeopardy

conclusion for the Atka mackerel fishery

and the jeopardy conclusion for the

pollock fisheries. However, the Court

also found that ‘‘the Reasonable and

Prudent Alternatives * * * were

arbitrary and capricious * * * because

they were not justified under the

prevailing legal standards and because

the record does not support a finding

that they were reasonably likely to avoid

jeopardy.’’ On August 6, 1999, the Court

remanded the BiOp back to NMFS for

further analysis and explanation.

To comply with the Court’s Order,

NMFS conducted additional analyses

and developed revised final RPAs

(RFRPAs, October 15, 1999). The

RFRPAs describe management measures

that will avoid the likelihood that the

pollock fisheries authorized by NMFS’

regulations will jeopardize the

continued existence of the endangered

western population of Steller sea lions

or adversely modify its critical habitat.

NMFS has determined that the

Council’s recommended measures, with

certain modifications to season dates,

haulout protections, and spatial

dispersion in the Bering Sea, achieve

the principles identified in the BiOp

and the RFRPAs. The Council’s

recommendation, modified as necessary

to avoid jeopardy and adverse

modification, therefore forms the basis

for the management measures contained

in this emergency interim rule.

Elements of the Emergency Rule

Pollock Trawl Exclusion Zones

Under this emergency interim rule,

directed fishing for pollock is prohibited

within either 10 or 20 nm of rookeries

and haulouts in the BS and GOA. The

location, size, and period of each

exclusion zone are set out in Tables 12,

13, and 20 of 50 CFR part 679. Table 20

for the Aleutian Islands subarea (AI), is

reprinted to be consistent in format with

Tables 12 and 13, however, no

substantive changes were made (see the

following discussion).

NMFS approved these exclusion

zones on the basis of 10 Steller sea lion

counts conducted since 1979, during the

reproductive season (summer) and nonreproductive season (winter). NMFS

used the following criteria to identify

sites that require exclusion zones and to

determine the period of the closure and

the radius of the zone:

1. Rookeries If the site is a rookery, a

10 or 20-nm year-round pollock trawl

exclusion zone.

2. Summer haulouts If the site is a

summer haulout, with greater than 200

sea lions in a summer survey since

1979, and less than 75 sea lions in

winter surveys since 1979, a 10 or 20-

nm pollock trawl exclusion zone from

June 1 through November 1.

3. Winter haulouts If the site is a

winter haulout, with less than 200 sea

lions in summer surveys since 1979,

and greater than 75 sea lions in a winter

survey since 1979, a 10 or 20-nm

pollock trawl exclusion zone from

November 1 through June 1.

4. Year-round haulouts If the site is a

year-round haulout with greater than

200 sea lions in a summer survey since

1979, and greater than 75 sea lions in a

winter survey since 1979, a 10 or 20 nm

year-round pollock trawl exclusion

zone.

The size of the exclusion zones in

each area reflects the relative widths of

the continental shelf. In the BS, the

shelf is relatively wide and exclusion

zones have radii of 20 nm. In the GOA,

the shelf is narrower and exclusion

zones have radii of 10 nm.

The BiOp allowed for a 2-year phasein schedule for certain RFRPA measures

including rookeries and haulout trawl

exclusion zones. In the BSAI, under the

emergency rule provisions for 1999, all

exclusion zones had a 20-nm radius

except for the Cape Sarichef zone,

which had only a 10-nm raduis. For

2000 and beyond, the Council has

recommended that the Cape Sarichef

zone have a 20-nm radius, consistent

with the BiOp. Therefore, under the

emergency interim rule, all 25 exclusion

zone sites in the BS are closed to

trawling for pollock for a radius of 20

nm.

In the GOA, 53 sites qualified for

closure to 10 nm, under criteria in the

BiOp. However, in recommending

management measures for 2000 and

3894 Federal Register / Vol. 65, No. 16 / Tuesday, January 25, 2000 / Rules and Regulations

beyond, the Council recommended no

closure for the eight sites exempted

under the previous emergency rule, and

recommended an additional site, Spitz

Island, be exempted. The Council’s

recommendation included no closures

around Cape Barnabas, Gull Point, and

Cape Ikolik, and modified trawl

exclusion zones around Rugged Island,

Point Elrington, The Needles, Mitrofania

Island, Spitz Island, and Sea Lion

Rocks. NMFS has reviewed these sites

in the RFRPAs and determined that they

require additional protection, and

therefore is implementing an alternative

suite of management measures.

Sites around Point Elrington and The

Needles meet the criteria for pollock

trawl exclusion zones but are not

established as exclusion zones under

this emergency interim rule. The sites

lie entirely within Alaska State waters.

Pollock fisheries in these areas are not

managed under Federal regulations

implementing FMPs. The State of

Alaska has indicated its intent to

develop equivalent protection measures

for these haulouts in 2000. However, if

the State fails to develop adequate

protection measures for these two sites,

NMFS will implement additional

protection measures in these areas in

2001 under the authority of the ESA.

This emergency interim rule closes

Sea Lion Rocks for a radius of 10 nm to

all vessels greater than 60 ft (18.3 m)

length overall (LOA). Due to safety

concerns for small boats in the region

and the relatively lower levels of

harvests by these vessels, the area is not

closed to vessels less than or equal to 60

ft (18.3 m) LOA. Historically, from 1994

through 1998, vessels longer than 60 ft

(18.3 m) LOA have accounted for 72

percent of total harvests in this area.

The RFRPAs concluded that excluding

vessels greater than 60 ft (18.3 m) LOA

from fishing within 10 nm of Sea Lion

Rocks, and the subsequent harvest

reductions under this closure, would

provide sufficient protection against

localized depletions of pollock.

Cape Barnabas, Gull Point, Rugged

Island, Cape Ikolik, Spitz Island, and

Mitrofania Island were proposed by the

Council to be included as pollock trawl

exclusion zones for 2000 and beyond

with a variety of exemptions. However,

this emergency rule closes these areas

because they have been determined to

be critical to the recovery of the western

population of Steller sea lions.

In the Bering Sea, the Walrus Island

rookery also meets the requirements

under the RPA guidelines for closure to

20 nm. However, because this site falls

entirely within the Pribilof Island Area

Habitat Conservation Zone (see

§ 679.22(a)(6)), which is closed to

trawling year-round, a 20-nm closure of

this area would be redundant and is not

necessary.

Aleutian Islands Closure

The RFRPA guidelines require that

the AI be closed to directed fishing for

pollock to protect the waters

surrounding rookeries and major

haulouts of Steller sea lions. This

closure was implemented in 1999, by a

reduction in TAC allocated to this

subarea that provided for incidental

catch only, and then by emergency

interim rule. The closure of the AI is

continued by this emergency interim

rule.

Bering Sea Management Measures 

Steller sea lion conservation area

(SCA). This emergency interim rule

establishes a conservation area to

regulate total removals of pollock. This

area was previously referred to as the

combined Critical Habitat/Catcher

Vessel Operation Area in previous

emergency rulemaking and in

supporting documents. The SCA

includes the portion of Bering Sea

critical habitat known as the Bogoslof

foraging area and the portion of the

Catcher Vessel Operational Area

(CVOA) that extends eastward from the

Bogoslof foraging area. This eastern

block of the CVOA overlaps with the

pollock trawl exclusion zone for Sea

Lion Rocks (Amak Island). Inclusion of

this eastern block in the SCA is

necessary to provide sufficient

protection from concentrated fishing

and resulting localized depletions of sea

lion prey in (1) the narrow corridor

between the Bogoslof foraging area and

the Sea Lion Rocks (Amak Island) trawl

exclusion zone and (2) these adjacent

portions of critical habitat.

The SCA consists of the area of the BS

between 170°00′ W long. and 163°00′ W

long., south of straight lines connecting

the following points in the order listed:

55°00′ N lat. 170°00′ W long.; 55°00′ N

lat. 168°00′ W long.; 55°30′ N lat.

168°00′ W long.; 55°30′ N lat. 166°00′ W

long.; 56°00′ N lat. 166°00′ W long.;

56°00′ N lat. 163°00′ W long.

This emergency interim rule restricts

pollock harvests within the SCA to a

percentage of each sector’s seasonal

directed fishing allowance (DFA)

according to the percentages set forth in

Table 2 of the preamble. In the Bering

Sea, the DFA is the amount of pollock

available for harvest by each industry

sector after subtracting the incidental

catch allowance (ICA).

NMFS will monitor catch by each

industry sector and close the SCA to

directed fishing for pollock by sector

when NMFS determines that the

specified SCA limit has been reached. In

accordance with the Council’s intent,

inshore catcher vessels less than or

equal to 99 ft (30.2 m) LOA are exempt

from SCA closures during the fall and

winter months unless the cap for the

inshore sector has been reached. Under

the authority of the American Fisheries

Act (AFA), NMFS will separate the

inshore fishery into cooperative and

non-cooperative sector allocations. For

each sector, NMFS will announce the

closure of the SCA to catcher vessels

over 99 ft (30.2 m) LOA before the

inshore sector SCA limit is reached.

NMFS will implement the closure in a

manner intended to leave remaining

quota within the SCA that is sufficient

to support directed fishing for pollock

by vessels less than or equal to 99 ft

(30.2 m) LOA for the duration of the

inshore sector opening. This measure

will be implemented during the fall and

winter seasons only because of vessel

safety concerns during these time

periods of severe weather.

Fishing seasons. This emergency

interim rule establishes new fishing

seasons for the four sectors of the Bering

Sea pollock fishery that are defined in

the AFA. These new fishing seasons are

summarized in Table 1 or the preamble.

This emergency rule also repeals

existing ‘‘fair start’’ provisions that

required vessels fishing for pollock in

the BS to cease fishing for groundfish

during the week preceding each pollock

season or face a mandatory stand-down

period during the first week of the

pollock season. The Council has

determined that these fair start

requirements are no longer necessary

and has recommended an exclusive

seasonal system (see Table 1 in the

preamble).

The Council recommended a complex

suite of seasons, stand-downs, and SCA

limits. Under the RFRPAs, NMFS

determined that stand-downs between

the A/B and C/D seasons were

unnecessary outside the SCA. However,

NMFS also determined that the SCA

was of special concern and that

lengthening the seasons to attain spatial

and temporal dispersion was a priority

in this area. Therefore, the season dates

as proposed by the Council have been

altered to reflect these requirements. All

sectors now have the same fishing

season dates as described in the

following Table 1.

Federal Register / Vol. 65, No. 16 / Tuesday, January 25, 2000 / Rules and Regulations 3895

TABLE 1.—BERING SEA SUBAREA POLLOCK FISHING SEASONS FOR ALL SECTORS

Bering Sea Subarea

Season 1

ABCD

Outside the SCA2 ............................................ January 20—June 10 (combined A/B season) June 10—November 1 (combined C/D season)

Inside the SCA ................................................. Jan. 20–April 1 April 1–June 10 June 10–Aug. 20 Aug. 20–Nov. 1

1The time of all openings and closures of fishing seasons, other than the beginning and end of the calendar fishing year, is 1200 hours, A.l.t. 2For the area outside the SCA, there will be two seasonal pairs, A/B and C/D, that are allocated the annual Bering Sea subarea directed fishing allowance by sector. Fishing inside the SCA is authorized as a limit of the directed fishing allowance allocated to the area outside the SCA.

Temporal and Spatial Apportionment

of DFA. The pollock DFA allocated to

each industry sector is apportioned to

the fishing seasons previously identified

according to the formula set out in Table

2 of the preamble. The RFRPAs specify

the amount of the total annual pollock

TAC that can be taken from the SCA in

each season: A season, 15 percent; B

season, 5 percent; C season, 4.5 percent;

D season, 7.5 percent. These limits are

expressed as percentages of each

sector’s seasonal allocation of its DFA.

For example, if the inshore sector

received an annual DFA allocation of

100,000 mt, 40 percent (40,000 mt)

would be apportioned to the combined

A/B season for the inshore sector. Of

this amount, 42 percent (16,800 mt)

could be taken within the SCA during

the A season, and 14 percent could be

taken within the SCA during the B

season (5,600 mt).

Overages and underages of SCA

amounts may be ‘‘rolled over’’ from the

A season SCA limit to the B season SCA

limit so that no single season exceeds 15

percent of the annual TAC, and that the

combined A/B limit inside the SCA of

20 percent is not exceeded.

TABLE 2.—BS APPORTIONMENTS OF POLLOCK DFA IN PERCENT BY SEASON AND AREA

Industry sector

Seasonal DFA apportionment and harvest limits within the

SCA (in percent)

A/B (40% of annual DFA) C/D (60% of annual DFA)

A-SCA limit B-SCA limit C-SCA limit D-SCA limit

Inshore ..................................................................................................................... 42 14 13.5 22.5

C/P ........................................................................................................................... 24.75 8.25 0 0

Mothership ............................................................................................................... 37.5 12.5 0 0

CDQ ......................................................................................................................... 62 20.5 14 23

Definition of Directed Fishing for

Pollock CDQ

This emergency interim rule adds a

definition for ‘‘directed fishing for

pollock CDQ’’ that is necessary to

enforce directed fishing closures that

apply to both the CDQ and non-CDQ

pollock fisheries. The CDQ groups are

prohibited from exceeding any of their

groundfish CDQ allocations and are

required to manage the catch of vessels

fishing on their behalf within these CDQ

allocations. Therefore, NMFS does not

use maximum retainable amounts,

prohibited species catch status, and

announcements of directed fishing

closures to manage the CDQ fisheries, as

is done to manage the non-CDQ

fisheries. The definition of directed

fishing for pollock CDQ implemented in

this emergency interim rule is based on

the percent pollock in each CDQ haul

using the 60-percent threshold

recommended by the Council at its June

1999 meeting. NMFS is preparing

proposed rulemaking that would

permanently implement a definition of

directed fishing for pollock CDQ.

However, that regulatory amendment

will not be in place in time for the start

of the trawl fisheries in January 2000.

Under the definition added by this

emergency interim rule, vessels fishing

for the CDQ groups in any areas closed

to directed fishing for pollock CDQ are

prohibited from bringing onboard their

vessel any trawl hauls in which pollock

is equal to or greater than 60 percent of

the total groundfish in the haul. Species

composition collected by the observer

onboard the vessel will be used to

determine the percent pollock in each

CDQ trawl haul.

Gulf of Alaska Management Measures

Fishing seasons and TAC

apportionments. This emergency

interim rule establishes new fishing

seasons and pollock TAC

apportionments in the Western and

Central (W/C) Regulatory Areas of the

GOA. These new fishing seasons are

summarized in Table 3 of the preamble.

The TAC for pollock in the combined

W/C Regulatory Areas would continue

to be apportioned among Statistical

Areas 610, 620, and 630 in proportion

to the distribution of the pollock

biomass as determined by the most

recent NMFS surveys. Consistent with

current regulations, pollock fishing

seasons are not implemented for the

Eastern Regulatory Area.

TABLE 3.—POLLOCK FISHING SEASONS

AND TAC APPORTIONMENTS FOR

THE WESTERN AND CENTRAL REGULATORY AREAS OF THE GULF OF

ALASKA

Season

TAC Apportionment

Season Dates 1

A ....... 30% ....... January 20–March 1.

B ....... 15% ....... March 15–May 31.

C ....... 30% ....... August 20–September

15.

D ....... 25% ....... October 1–November 1.

1The time of all openings and closures of

fishing seasons, other than the beginning and

end of the calendar fishing year, is 1200

hours, A.l.t.

2. Pollock TAC apportionment within

the Shelikof Strait conservation area.

Prior to 1999, pollock TAC within the

W/C GOA was apportioned on the basis

of biomass distribution as determined

from triennial bottom trawl surveys.

Bottom trawl surveys have been

conducted in summer months, and

additional hydroacoustic surveys have

been conducted in winter months.

These winter surveys indicate an

extensive and relatively predictable

spawning aggregation of pollock in the

3896 Federal Register / Vol. 65, No. 16 / Tuesday, January 25, 2000 / Rules and Regulations

winter period in Shelikof Strait. Under

the emergency rule in 1999, a cap was

set for the harvest from Shelikof Strait

based on previous hydroacoustic

surveys, and the GOA TAC was

distributed to areas 610, 620, and 630

based on the trawl surveys. The cap in

Shelikof Strait was determined using

the estimated biomass from the most

recent hydroacoustic survey divided by

the estimated total GOA biomass from

population modeling, and the quotient

then multiplied by the GOA TAC for the

A season.

In the GOA, overall pollock fishery

harvest rates have varied from about 5

percent of the total biomass to about 10

percent since 1990. Since 1994, the

estimated harvest rate in Shelikof Strait

has been on the order of 1 percent to 3

percent of the total biomass, well below

the overall harvest rate for the GOA.

This discrepancy suggests that the

biomass of pollock in Shelikof Strait is

under-utilized relative to the biomass of

pollock outside the Strait and, relative

to the overall harvest rate, pollock

biomass outside the Strait must be overutilized. This relative over-utilization of

pollock outside Shelikof Strait may have

a detrimental effect on the availability of

pollock to Steller sea lions in those

outer regions.

The Shelikof Strait conservation area

is defined as the area bounded by

straight lines and shoreline connecting

the following coordinates in the

following order:

58°51′ N lat. 153°15′ W long.;

58°51′ N lat. 152°00′ W long.; and, the

intersection of 152°00′ W long. with

Afognak Island; aligned

counterclockwise around the shoreline

of Afognak, Kodiak, and Raspberry

Islands to 57°00′ N lat. 154°00′ W long.;

56°30′ N lat. 154°00′ W long.; 56°30′ N

lat. 155°00′ W long.; 56°00′ N lat.

155°00′ W long.; 56°00′ N lat. 157°00′ W

long.; and the intersection of 157°00′ W

long. with the Alaska Peninsula.

The Shelikof Strait conservation area

TAC apportionment will be determined

annually for the A and B seasons during

the specification process. A separate

TAC will be determined for this area

based on winter hydroacoustic survey

data. The GOA TAC for areas 610, and

areas 620 and 630 outside of the

Shelikof Strait conservation area, will be

reduced proportionally by this amount.

When NMFS determines that the A or

B season pollock TAC from within the

Shelikof Strait conservation area has

been reached, NMFS will prohibit

directed fishing for pollock within

Shelikof Strait.

GOA Trip limits. The Council

recommended that NMFS establish a

300,000-lb (136-mt) trip limit for catcher

vessels harvesting pollock in the

directed pollock fisheries of the GOA to

support the temporal dispersion

objectives of the RPAs. This emergency

interim rule prohibits a catcher vessel

fishing for groundfish in the GOA from

retaining on board more than 300,000-

lb (136-mt) of pollock harvested in the

GOA. This trip limit does not exempt

vessels from existing regulations that

require 100-percent retention of pollock

when directed fishing for pollock is

open. A vessel would have to stop

fishing for pollock during a fishing trip

before the 300,000-lb (136-mt) trip limit

is reached to avoid a violation of either

the 300,000 lb (136-mt) trip limit or the

100-percent retention requirement for

pollock.

In addition, to prevent the large scale

use of tender vessels to avoid the trip

limit restriction, this emergency interim

rule also prohibits vessels from

operating as tenders in the GOA east of

157°00′ W long. Vessels operating as

tenders in the GOA west of 157°00′ W

long. are prohibited from retaining on

board more that 600,000 lb (272 mt) (the

equivalent of two fishing trips) of

unprocessed pollock that was harvested

in the GOA. The Council recommended

that tendering west of 157°00′ W long.

is necessary because smaller vessels

delivering to Sand Point and King Cove

may be more dependent on tenders than

the larger vessels that operate east of

157°00′ W long. and deliver primarily to

Kodiak.

Catcher Vessel Exclusive Fishing

Seasons

The Council recommended that

catcher vessels be prohibited from

participating in directed fishing for

pollock in both the BS and GOA in

concurrent seasons, except for catcher

vessels less than 125 ft (38.1 m) LOA in

area 620 east of 157°00′ W long. and

area 630. For example, if a catcher

vessel chose to participate in the

combined BS A/B season, it would not

be eligible to participate in the W/C

GOA until the start of the GOA C

season. Similarly, if a catcher vessel

chose to participate in the GOA A

season, it would not be eligible to

participate in the BS until the start of

the next BS season, which would be the

C/D season. The existing 3-day standdown requirement at § 679.23(h) is

revised to remove directed fishing for

pollock from stand-down requirements,

which would be redundant. However, a

3-day stand-down will remain in effect

for vessels directed fishing for Pacific

cod.

Revised Interim 2000 Harvest

Specifications for Pollock in the BS and

GOA

The regulatory changes in this

emergency interim rule require revision

of the 2000 interim harvest

specifications for pollock in the BS and

GOA. Existing regulations at 50 CFR

679.20(c)(2) do not require that interim

harvest specifications for pollock in the

BS and GOA be temporally or spatially

dispersed. However, the BiOp

concluded that the current program for

managing the BS and GOA pollock

fisheries could jeopardize Steller sea

lions or their critical habitat. Therefore,

to allow the Bering Sea and GOA

pollock fisheries to commence on

January 20, 2000, this emergency

interim rule also adjusts the 2000

interim harvest specifications for

pollock to comport with the RFRPA

management measures outlined above.

The specifications for Bering Sea

Subarea pollock in Table 1 of the BSAI

2000 interim harvest specifications (65

FR 60; January 3, 2000) are replaced by

the following Table 4 in the preamble.

This rule changes the interim

specifications for pollock for two

reasons: (1) To comport with the

temporal and spatial dispersions

required by the BiOp; and (2) to

incorporate the Council’s final 2000

TAC recommendations for pollock,

which are increased from the 2000

proposed specifications.

TABLE 4.—REVISED INTERIM 2000 HARVEST AMOUNTS FOR POLLOCK IN THE BERING SEA SUBAREA

Species & Component Area

A/B Season (mt)

Interim TAC A–SCA

Limit

B–SCA

Limit

Pollock: 1

CDQ .................................................................................................................................. BS 45,560 28,247 9,339

Incidental Catch Allowance (ICA) ..................................................................................... BS 51,255 n/a n/a

Inshore 2 ............................................................................................................................ BS 194,769 81,803 27,268

Federal Register / Vol. 65, No. 16 / Tuesday, January 25, 2000 / Rules and Regulations 3897

TABLE 4.—REVISED INTERIM 2000 HARVEST AMOUNTS FOR POLLOCK IN THE BERING SEA SUBAREA—Continued

Species & Component Area

A/B Season (mt)

Interim TAC A–SCA

Limit

B–SCA

Limit

Offshore catcher/processor 3 ............................................................................................ BS 155,815 38,564 12,855

Mothership ........................................................................................................................ BS 38,954 14,608 4,869

1The AFA requires that 10 percent of the annual pollock TAC be allocated as a directed fishing allowance for the CDQ sector. Then, NMFS is

subtracting 5 percent of the remainder as an incidental catch allowance for pollock, which is not apportioned by season or area. The remainder

of this amount is further allocated by sector as follows: inshore, 50 percent; catcher/processor, 40 percent; and motherships, 10 percent. 2 Under the emergency rule, NMFS will close the SCA to inshore vessels greater than 99 ft (30.2 m) LOA while maintaining a sufficient SCA

allowance to support fishing activities by inshore catcher vessels under 99 ft (30.2 m) LOA for the duration of the current opening. However,

once the specified SCA limit is reached, all inshore vessels will be prohibited from engaging in directed fishing for pollock inside the SCA. 3Section 210(c) of the AFA requires that not less than 8.5 percent of the directed fishing allowance allocated to listed catcher/processors shall

be available for harvest only by eligible catcher vessels delivering to listed catcher/processors.

The first seasonal allowances for W/

C GOA pollock in Table 1 of the GOA

2000 interim harvest specifications (65

FR 65; January 3, 2000) are replaced by

the following Table 5.

TABLE 5.—REVISED FIRST SEASONAL

ALLOWANCES OF POLLOCK IN THE

WESTERN (W) AND CENTRAL (C)

REGULATORY AREAS OF THE GULF

OF ALASKA (GOA)

Species and area

A season

interim

TAC (mt)

Pollock:

W (610) ..................................... 5,465

C (620 outside Shelikof Strait) .. 3,252

C (630 outside Shelikof Strait) .. 4,278

Shelikof Strait ............................ 14,366

Total ................................... 27,361

1The pollock catch limit for the Shelikof

Strait conservation zone is determined by calculating the ratio of the most recent estimate

of pollock biomass in Shelikof Strait (489,900

mt) divided by the most recent estimate of

total pollock biomass in the GOA (933,000

mt). This ratio is then multiplied by the pollock

TAC in the A season for the Western and

Central areas of the GOA (27,361 mt).

Technical Amendment to Steller Sea

Lion No-Trawl Zones in the Aleutian

Islands Area

This emergency interim rule also

makes technical changes to the existing

no-trawl zones set out in Table 5 of 50

CFR part 679 by suspending it and by

adding Table 20 to 50 CFR part 679.

This is due to the availability of new

information on the location of haulout

sites as determined by NMFS during

recent surveys.

Classification

The Assistant Administrator for

Fisheries, NOAA (AA), has determined

that 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.

Pursuant to the National

Environmental Policy Act an EA/RIR

was developed for this action. It was

determined that this action would not

have a significant impact on the human

environment. The EA/RIR may be

obtained in hard copy from the Alaska

Regional Office (see ADDRESSES) or via

the internet at www.fakr.noaa.gov.

NMFS is specifically requesting

comments on the EA/RIR. NMFS will

respond to those comments in the

proposed rule to implement permanent

Steller sea lion protection measures in

the BSAI and GOA pollock fisheries.

This emergency action has been

determined to be significant for

purposes of E.O. 12866. This rule

contains no reporting, recordkeeping, or

compliance requirements, and no

relevant Federal rules exist which may

duplicate, overlap, or conflict with this

rule.

Failure to have the measures

contained in this rule in place by

January 20, 2000, would force delay of

the start of the pollock fisheries of the

BS and GOA, with significant costs to

industry. As such, NMFS finds that the

immediate need to effect the provisions

of this emergency interim rule by

January 20, 2000, in order to avoid

unecessary closures that would cause

extensive economic disruption to the

pollock fisheries, constitutes good cause

to waive the requirement to provide

prior notice and an opportunity for

public comment pursuant to authority

set forth at 5 U.S.C. 553(b)(B), as such

procedures would be impracticable and

contrary to the public interest. The need

for these measures to be in place by

January 20, 2000, also constitutes good

cause under authority set forth at 5

U.S.C. 553(d)(3) not to delay the

effective date of this emergency interim

rule for 30 days.

Because prior notice and opportunity

for public comment are not required for

this rule by 5 U.S.C. 553, or by 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. These regulations

have been drafted 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: January 19, 2000.

Andrew A. Rosenberg,

Deputy Assistant 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 § 679.2, the definition ‘‘Directed

fishing for pollock CDQ’’ is added in

alphabetical order to read as follows:

§ 679.2 Definitions.

* * * * *

Directed fishing for pollock CDQ

means, for purposes of enforcing

closures to directed fishing for pollock

CDQ elsewhere in this part, retrieving

onboard a vessel a haul in which

pollock represents 60 percent or more of

the total groundfish catch by weight, as

determined by the observer’s species

composition sample for each haul. The

groundfish species used to calculate

total catch include all the species and

3898 Federal Register / Vol. 65, No. 16 / Tuesday, January 25, 2000 / Rules and Regulations

species categories defined in Table 1 of

the annual BSAI specifications.

* * * * *

3. In § 679.7, paragraph (b) is

suspended and paragraph (j) is added to

read as follows:

§ 679.7 Prohibitions.

* * * * *

(j) Prohibitions specific to the GOA

(applicable through July 19, 2000)—(1)

Southeast Outside trawl closure. Use

any gear other than non-trawl gear in

the GOA east of 140° W long.

(2) Catcher vessel trip limit for

pollock. Retain on board a catcher vessel

at any time, more than 300,000 pounds

(136 mt) of unprocessed pollock.

(3) Tender vessel restrictions for

pollock.—(i) Operate as a tender vessel

east of 157°00′ W long. for pollock

harvested in the GOA.

(ii) Operate as a tender vessel west of

157°00′ W long. while retaining on

board at any time more than 600,000 lb

(272 mt) of unprocessed pollock.

* * * * *

4. In § 679.20, paragraphs (a)(5)(i)(A)

and (a)(5)(ii)(B) are suspended, and new

paragraphs (a)(5)(i)(C) and (a)(5)(ii)(C)

are added to read as follows:

§ 679.20 General limitations.

* * * * *

(a) * * *

(5) * * *

(i) * * *

(C) BSAI seasonal allowances

(applicable through July 19, 2000)—(1)

General. Within any fishing year, the

Regional Administrator may add or

subtract the under harvest or over

harvest of a seasonal allowance, by

component, according to the harvest

limitations here. The Steller Sea Lion

Conservation Area (SCA) is defined at

§ 679.22(a)(11)(iv).

Bering Sea subarea .......... Combined A/B season,

maximum overall harvest of 40% of annual

vcxvccpollock TAC.

Combined C/D season,

maximum overall harvest of 60% of annual

pollock TAC.

Inside SCA ........................ Maximum harvest limit of

20% of annual pollock

TAC for A+B combined,

and 15% for A or B singly.

Maximum harvest limit of

4.5% of annual pollock

TAC.

Maximum harvest limit of

7.5% of annual pollock

TAC.

Season .............................. AB C D 

(2) Inshore, catcher/processor,

mothership, and CDQ components. The

portion of the Bering Sea subarea

pollock directed fishing allowance

allocated to each component under

sections 206(a) and 206(b) of the

American Fisheries Act will be divided

into two seasonal allowances

corresponding to the two fishing

seasons set out at § 679.23(e)(4)(i), as

follows: A/B Season, 40 percent; C/D

Season, 60 percent.

* * * * *

(ii) * * *

(C) GOA seasonal allowances

(applicable through July 19, 2000). Each

apportionment established under

paragraph (a)(5)(ii)(A) of this section

will be divided into four seasonal

allowances corresponding to the four

fishing seasons set out at § 679.23(d)(3)

as follows: A Season, 30 percent; B

Season, 15 percent; C Season, 30

percent; D Season, 25 percent. Within

any fishing year, underharvest or

overharvest of a seasonal allowance may

be added to or subtracted from

subsequent seasonal allowances in a

manner to be determined by the

Regional Administrator, provided that a

revised seasonal allowance does not

exceed 30 percent of the annual TAC

apportionment.

* * * * *

5. In § 679.22, paragraphs (a)(7) and

(b)(2) are suspended, and new

paragraphs (a)(8)(iv), (a)(11) and (b)(3)

are added to read as follows:

§ 679.22 Closures.

(a) * * *

(8) * * *

(iv) Pollock closure (applicable

through July 19, 2000). Directed fishing

for pollock is prohibited at all times

within the Aleutian Islands subarea.

* * * * *

(11) Steller sea lion protection areas,

Bering Sea subarea and Bogoslof District

(applicable through July 19, 2000)—(i)

Year-round trawl closures. Trawling is

prohibited within 10 nm of each of the

Steller sea lion rookeries shown in

Table 12 to this part.

(ii) Seasonal trawl closures. During

January 1 through June 10, or a date

earlier than June 10 if directed fishing

for pollock is prohibited for all sectors

under § 679.20, trawling is prohibited

within 20 nm of each of the Steller sea

lion rookeries shown in Table 12 to this

part.

(iii) Pollock closures. Directed fishing

for pollock, including pollock CDQ, is

prohibited within 10 or 20 nm of each

of the sea lion haulout and rookery sites

shown in Table 12 to this part. The

radius in nm and time period that each

closure is in effect are shown in Table

12 to this part.

(iv) Steller sea lion conservation area

(SCA)—(A) General. Directed fishing for

pollock by vessels catching pollock for

processing by the inshore component,

catcher/processors in the offshore

component, motherships in the offshore

component, or directed fishing for

pollock CDQ is prohibited within the

SCA for the duration of a fishing season

when the Regional Administrator

announces, by notification in the

Federal Register, that the harvest of a

seasonal limit of pollock within the SCA

by an industry component reaches the

applicable percentage specified in the

table following paragraph (a)(11)(iv)(D)

of this section.

(B) Boundaries. The SCA consists of

the area of the Bering Sea subarea

between 170’00’ W long. and 163’00’ W

long., south of straight lines connecting

the following points in the order listed:

55°00′′ N lat. 170°00′′ W long.; 55°00′′ N

lat. 168°00′′ W long.; 55°30′′ N lat.

168°00′′ W long.; 55°30′′ N lat. 166°00′′

W long.; 56°00′′ N lat. 166°00′′ W long.;

and 56°00′′ N lat. 163°00′′ W long.

(C) Seasons—Subject to other

provisions of this part, directed fishing

for pollock within the SCA is authorized

only during the following seasons:

(1) A season. From 1200 hours, A.l.t.,

January 20, through 1200 hours, A.l.t.,

April 1;

(2) B season. From 1200 hours, A.l.t.,

April 1, through 1200 hours, A.l.t., June

10;

(3) C season. From 1200 hours, A.l.t.,

June 10, through 1200 hours, A.l.t.,

August 20;

(4) D season. From 1200 hours, A.l.t.,

August 20, through 1200 hours, A.l.t.,

November 1.

(D) Criteria for closure— (1) General.

A directed fishing closure identified in

paragraph (a)(11)(iv)(A) of this section

will take effect when the Regional

Federal Register / Vol. 65, No. 16 / Tuesday, January 25, 2000 / Rules and Regulations 3899

Administrator determines that the

harvest of a seasonal limit of pollock

within the SCA by an industry

component reaches the applicable

percentage specified in the following

table:

Industry sector

Seasonal directed fishing allowance limits within the SCA by

industry component (in percent)

A/B season C/D season

A–SCA limit B–SCA limit C–SCA limit D–SCA limit

Inshore ..................................................................................................................... 42 14 13.5 22.5

Catcher/processor .................................................................................................... 24.75 8.25 0 0

Mothership ............................................................................................................... 37.5 12.5 0 0

CDQ ......................................................................................................................... 62 20.5 14 23

(2) Inshore catcher vessels greater

than 99 ft (30.2 m) LOA. The Regional

Administrator will prohibit directed

fishing for pollock by vessels greater

than 99 ft (30.2 m) LOA catching

pollock for processing by the inshore

component before reaching the inshore

SCA harvest limit during the A and D

seasons to accommodate fishing by

vessels less than or equal to 99 ft (30.2

m) inside the SCA for the duration of

the inshore seasonal opening. The

Regional Administrator will estimate

how much of the inshore seasonal

allowance is likely to be harvested by

catcher vessels less than or equal to 99

ft (30.2 m) LOA and reserve a sufficient

amount of the inshore SCA allowance to

accommodate fishing by such vessels

after the closure of the SCA to inshore

vessels greater than 99 ft (30.2 m) LOA.

The Regional Administrator will

prohibit directed fishing for all inshore

catcher vessels within the SCA when

the inshore limit specified in paragraph

(a)(7)(iv)(D)(1) of this section has been

met.

(b) * * *

(3) Steller sea lion protection areas

(applicable through July 19, 2000)—(i)

Year-round trawl closures. Trawling is

prohibited in the GOA within 10 nm of

the Steller sea lion rookeries shown in

Table 13 to this part.

(ii) Pollock closures. Directed fishing

for pollock is prohibited within 10 nm

of each of the sea lion haulout and

rookery sites shown in Table 13 to this

part. The radius in nm and time period

that each closure is in effect are shown

in Table 13 to this part.

(iii) Shelikof Strait conservation

area.—(A) General. Directed fishing for

pollock is prohibited within the

Shelikof Strait conservation area during

the A and B seasons, defined at

§ 679.23(d)(3) of this part, when the

Regional Administrator announces

through notification in the Federal

Register that the A or B season catch of

pollock from within the Shelikof Strait

conservation area reaches the amount

determined by paragraph (b)(3)(iii)(C) of

this section.

(B) Boundaries. The Shelikof Strait

conservation area consists of the area

bound by straight lines and shoreline

connecting the following coordinates in

the following order: 58°51′ N lat.

153°15′ W long.; 58°51′ N lat. 152°00′ W

long. and the intersection of 152°00′ W

long. with Afognak Island; aligned

counterclockwise around the shoreline

of Afognak, Kodiak, and Raspberry

Islands to 57°00′ N lat. 154°00′ W long.;

56°30′ N lat. 154°00′ W long.; 56°30′ N

lat. 155°00′ W long.; 56°00′ N lat.

155°00′ W long.; 56°00′ N lat. 157°00′ W

long.; and the intersection of 157°00′ W

long. with the Alaska Peninsula.

(C) Determination of TAC. NMFS will

publish the pollock TAC for the

Shelikof Strait conservation area in the

annual specifications pursuant to

§ 679.20(c). The TAC is determined by

calculating a ratio equal to the most

recent estimate of pollock biomass in

Shelikof Strait divided by the total

pollock biomass in the GOA. NMFS will

multiply this ratio by the overall pollock

TAC for the GOA and then multiply that

sum by the seasonal TAC

apportionment to determine the

Shelikof Strait apportionment.

* * * * *

6. In § 679.23, paragraphs (d)(2) and

(e)(2) are suspended, and new

paragraphs (d)(3), (e)(5), and (i) are

added to read as follows:

§ 679.23 Seasons.

* * * * *

(d) * * *

(3) Directed fishing for pollock

(applicable through July 19, 2000).

Subject to other provisions of this part,

directed fishing for pollock in the

Western and Central Regulatory Areas is

authorized only during the following

four seasons:

(i) A season. From 1200 hours, A.l.t.,

January 20, through 1200 hours, A.l.t.,

March 1;

(ii) B season. From 1200 hours, A.l.t.,

March 15, through 1200 hours, A.l.t.,

May 31;

(iii) C season. From 1200 hours, A.l.t.,

August 20, through 1200 hours, A.l.t.,

September 15.

(iv) D season. From 1200 hours, A.l.t.,

October 1, through 1200 hours, A.l.t.,

November 1.

(e) * * *

(5) Directed fishing for pollock in the

Bering Sea subarea (applicable through

July 19, 2000).—(i) Inshore, offshore

catcher/processor, and mothership

components and Pollock CDQ fisheries.

Subject to other provisions of this part,

directed fishing for pollock by vessels

catching pollock for processing by the

inshore component, catcher/processors

in the offshore component, and

motherships in the offshore component

in the Bering Sea subarea or directed

fishing for pollock CDQ in the Bering

Sea subarea is authorized only during

the following two seasons:

(A) A/B season. From 1200 hours,

A.l.t., January 20, through 1200 hours,

A.l.t., June 10;

(B) C/D season. From 1200 hours,

A.l.t., June 10, through 1200 hours,

A.l.t., November 1;

(ii) [Reserved]

* * * * *

(i) Catcher vessel exclusive fishing

seasons for pollock (applicable through

July 19, 2000). Catcher vessels are

prohibited from participating in

directed fishing for pollock under the

following conditions. Vessels less than

125 ft (38.1 m) LOA are exempt from

this restriction in area 620 east of

157°00’ W. long. and area 630. BS and

GOA seasons are provided at

§ 679.23(d)(3) and § 679.23(e)(4).

3900 Federal Register / Vol. 65, No. 16 / Tuesday, January 25, 2000 / Rules and Regulations

If you own or operate a catcher vessel and

engage in directed fishing for pollock in

the—

During the— Then you are prohibited from subsequently engaging in directed fishing for pollock in the—

Bering Sea subarea ................................... A/B season .........................

C/D season ........................

GOA until the following C season.

GOA until the A season of the next year.

GOA ............................................................ A season ............................

B season ............................

C season ............................

D season ............................

BSAI until the following C/D season.

BSAI until the following C/D season.

BSAI until the A/B season of the following year.

BSAI until the A/B season of the following year.

7. In 50 CFR part 679 Tables 16

through 19 are reserved; Tables 4, 5, and

6 are suspended; and Tables 12, 13, and

20 to 50 CFR part 679 are added to read

as follows:

TABLE 12 TO 50 CFR PART 679—STELLER SEA LION PROTECTION AREAS IN THE BERING SEA SUBAREA

Management area/island/site 1, 2, 3

Boundaries to Directed fishing for

pollock prohibited

within * * * (nm)

Trawling prohibited within (nm)

Latitude (N) Longitude (W) Latitude (N) Longitude (W) Nov. 1

through

June 1

June 1

through

November 1

Jan. 1

through

April 15

Yearround

Walrus ............................................ 57 11.00 N 169 56.00 W .......................... .......................... 20 20 .............. 10

Uliaga ............................................. 53 04.00 N 169 47.00 W 53 05.00 N 169 46.00 W .............. 20 .............. ..............

Chuginadak .................................... 52 46.70 N 169 41.90 W .......................... .......................... .............. 20 .............. ..............

Kagamil .......................................... 53 02.50 N 169 41.00 W .......................... .......................... .............. 20 .............. ..............

Samalga ......................................... 52 46.00 N 169 15.00 W .......................... .......................... .............. 20 .............. ..............

Adugak ........................................... 52 55.00 N 169 10.50 W .......................... .......................... 20 20 .............. 10

Umnak/Cape Aslik ......................... 53 25.00 N 168 24.50 W .......................... .......................... 20 20 .............. ..............

Ogchul ........................................... 52 59.71 N 168 24.24 W .......................... .......................... 20 20 .............. 10

Bogoslof/Fire Island ....................... 53 55.69 N 168 02.05 W .......................... .......................... 20 20 .............. 10

Emerald ......................................... 53 17.50 N 167 51.50 W .......................... .......................... .............. 20 .............. ..............

Unalaska/Cape Izigan ................... 53 13.64 N 167 39.37 W .......................... .......................... 20 20 .............. ..............

Unalaska/Bishop Pt ....................... 53 58.40 N 166 57.50 W .......................... .......................... 20 20 .............. ..............

Akutan/Reef-lava ........................... 54 08.10 N 166 06.19 W 54 09.10 N 166 05.50 W 20 20 .............. ..............

Old Man Rocks .............................. 53 52.20 N 166 04.90 W .......................... .......................... 20 20 .............. ..............

Akutan/Cape Morgan ..................... 54 03.39 N 165 59.65 W 54 03.70 N 166 03.68 W 20 20 20 10

Rootok ........................................... 54 03.90 N 165 31.90 W 54 02.90 N 165 29.50 W .............. 20 .............. ..............

Akun/Billings Head ........................ 54 17.61 N 165 32.06 W 54 17.57 N 165 31.71 W 20 20 20 10

Tanginak ........................................ 54 12.00 N 165 19.40 W .......................... .......................... 20 .............. .............. ..............

Tigalda/Rocks NE .......................... 54 09.60 N 164 59.00 W 54 09.12 N 164 57.18 W 20 20 .............. ..............

Unimak/Cape Sarichef ................... 54 34.30 N 164 56.80 W .......................... .......................... 20 20 .............. ..............

Aiktak ............................................. 54 10.99 N 164 51.15 W .......................... .......................... 20 .............. .............. ..............

Ugamak ......................................... 54 13.50 N 164 47.50 W 54 13.00 N 164 47.00 W 20 20 20 10

Round ............................................ 54 12.05 N 164 46.60 W .......................... .......................... .............. 20 .............. ..............

Sea Lion Rock (Amak) .................. 55 27.79 N 163 12.24 W .......................... .......................... 20 20 20 10

Amak and rocks ............................. 55 24.20 N 163 09.60 W 55 25.90 N 163 09.90 W 20 20 .............. ..............

1Three nm NO TRANSIT ZONES are described at 50 CFR 227.12(a)(2) of this title.

2 Closure zones around many of these sites also extend into statistical area 610 of the Gulf of Alaska Management Area.

3Where two sets of coordinates are given, the baseline extends in a clock-wise direction from the first set of geographic coordinates along the

shoreline at mean lower-low water to the second set of coordinates. Where only one set of coordinates is listed, that location is the base point.

TABLE 13 TO 50 CFR PART 679—STELLER SEA LION PROTECTION AREAS IN THE GULF OF ALASKA

Management area/island/site 1, 2, 3

Boundaries to Directed fishing for

pollock prohibited

within . . . (nm)

Trawling

prohibited

within

. . . (nm)

(yearround)

Latitude (N) Longitude (W) Latitude (N) Longitude (W) Nov. 1

through

June 1

June 1

through

November 1

Bird ............................................... 54 40.16 N 163 17.57 W .......................... .......................... 10 10 ................

South Rocks ................................. 54 18.14 N 162 41.52 W .......................... .......................... 10 10 ................

Clubbing Rocks ............................ 54 41.98 N 162 26.74 W 54 42.00 N 162 26.50 W 10 10 10

Pinnacle Rock .............................. 54 46.06 N 161 45.85 W .......................... .......................... 10 10 10

Sushilnoi Rocks ........................... 54 49.30 N 161 42.73 W .......................... .......................... ................ 10 ................

Olga Rocks .................................. 55 00.45 N 161 29.81 W 54 59.09 N 161 30.89 W 10 10 ................

Jude ............................................. 55 15.75 N 161 06.27 W .......................... .......................... 10 10 ................

Sea Lion Rocks (Shumagins) 4 .... 55 04.70 N 160 31.04 W .......................... .......................... 10 10 ................

Federal Register / Vol. 65, No. 16 / Tuesday, January 25, 2000 / Rules and Regulations 3901

TABLE 13 TO 50 CFR PART 679—STELLER SEA LION PROTECTION AREAS IN THE GULF OF ALASKA—Continued

Management area/island/site 1, 2, 3

Boundaries to Directed fishing for

pollock prohibited

within . . . (nm)

Trawling

prohibited

within

. . . (nm)

(yearround)

Latitude (N) Longitude (W) Latitude (N) Longitude (W) Nov. 1

through

June 1

June 1

through

November 1

The Whaleback ............................ 55 16.82 N 160 05.04 W .......................... .......................... 10 10 ................

Chernabura .................................. 54 45.18 N 159 32.99 W 54 44.87 N 159 35.74 W 10 10 10

Castle Rock .................................. 55 16.47 N 159 29.77 W .......................... .......................... ................ 10 ................

Atkins ........................................... 55 03.50 N 159 18.50 W .......................... .......................... 10 10 10

Spitz ............................................. 55 46.80 N 158 53.20 W .......................... .......................... ................ 10 ................

Mitrofania ..................................... 55 50.00 N 158 42.00 W .......................... .......................... 10 10 ................

Kak ............................................... 56 17.30 N 157 50.10 W .......................... .......................... ................ 10 ................

Lighthouse Rocks ........................ 55 46.79 N 157 24.89 W .......................... .......................... 10 10 ................

Sutwik ........................................... 56 31.05 N 157 20.47 W 56 32.00 N 157 21.00 W ................ 10 ................

Chowiet ........................................ 56 00.54 N 156 41.42 W 56 00.30 N 156 41.60 W 10 10 10

Nagai Rocks ................................. 55 50.00 N 155 46.00 W .......................... .......................... 10 10 ................

Chirikof ......................................... 55 46.50 N 155 39.50 W 55 46.44 N 155 43.46 W 10 10 10

Puale Bay ..................................... 57 40.60 N 155 23.10 W .......................... .......................... 10 10 ................

Kodiak/Point Ikolik ........................ 57 17.12 N 154 48.29 W .......................... .......................... 10 ................ ................

Takli .............................................. 58 01.75 N 154 31.25 W .......................... .......................... ................ 10 ................

Cape Gull ..................................... 58 11.50 N 154 09.60 W 58 12.50 N 154 10.50 W ................ 10 ................

Sitkinak/Cape Sitkinak ................. 56 34.30 N 153 50.96 W 56 34.20 N 153 51.05 W 10 10 ................

Kodiak/Cape Ugat ........................ 57 52.41 N 153 50.97 W .......................... .......................... 10 10 ................

Kodiak/Cape Barnabas ................ 57 10.20 N 152 53.05 W .......................... .......................... 10 10 ................

Kodiak/Gull Point ......................... 57 21.45 N 152 36.30 W .......................... .......................... 10 10 ................

Shakun Rock ................................ 58 32.80 N 153 41.50 W .......................... .......................... 10 10 ................

Twoheaded Island ........................ 56 54.50 N 153 32.75 W 56 53.90 N 153 33.74 W 10 10 ................

Cape Douglas (Shaw Island) ....... 59 00.00 N 153 22.50 W .......................... .......................... ................ 10 ................

Latax Rocks ................................. 58 40.10 N 152 31.30 W .......................... .......................... 10 10 ................

Ushagat/SW ................................. 58 54.75 N 152 22.20 W .......................... .......................... ................ 10 ................

Ugak ............................................. 57 23.60 N 152 17.50 W 57 21.90 N 152 17.40 W ................ 10 ................

Sea Otter Island ........................... 58 31.15 N 152 13.30 W .......................... .......................... 10 10 ................

Long ............................................. 57 46.82 N 152 12.90 W .......................... .......................... 10 ................ ................

Kodiak/Cape Chiniak ................... 57 37.90 N 152 08.25 W .......................... .......................... 10 10 ................

Sugarloaf ...................................... 58 53.25 N 152 02.40 W .......................... .......................... 10 10 10

Sea Lion Rocks (Marmot) ............ 58 20.53 N 151 48.83 W .......................... .......................... 10 10 ................

Marmot ......................................... 58 13.65 N 151 47.75 W 58 09.90 N 151 52.06 W 10 10 10

Perl ............................................... 59 05.75 N 151 39.75 W .......................... .......................... 10 10 ................

Outer (Pye) Island ........................ 59 20.50 N 150 23.00 W 59 21.00 N 150 24.50 W 10 10 10

Steep Point .................................. 59 29.05 N 150 15.40 W .......................... .......................... ................ 10 ................

Chiswell Islands ........................... 59 36.00 N 149 34.00 W .......................... .......................... 10 10 ................

Rugged Island .............................. 59 49.80 N 149 23.30 W 59 51.00 N 149 25.30 W 10 ................ ................

Point Elrington 4 ............................ 59 56.00 N 148 15.20 W .......................... .......................... ................ ................ ................

Wooded Island (Fish) ................... 59 52.90 N 147 20.65 W .......................... .......................... 10 10 ................

The Needles 4 ............................... 60 06.64 N 147 36.17 W .......................... .......................... ................ ................ ................

Glacier Island ............................... 60 51.30 N 147 14.50 W .......................... .......................... 10 10 ................

Seal Rocks ................................... 60 09.78 N 146 50.30 W .......................... .......................... 10 10 ................

Cape Hinchinbrook ...................... 60 14.00 N 146 38.50 W .......................... .......................... ................ 10 ................

Hook Point ................................... 60 20.00 N 146 16.50 W .......................... .......................... ................ 10 ................

Cape St. Elias .............................. 59 48.00 N 144 35.50 W .......................... .......................... 10 10 ................

1Three nm NO TRANSIT ZONES are described at 50 CFR 227.12(a)(2) of this title.

2Additional closures along the Aleutian Island chain that extend into statistical area 610 of the Gulf of Alaska are displayed in Table 13 to this

part. 3Where two sets of coordinates are given, the baseline extends in a clock-wise direction from the first set of geographic coordinates along the

shoreline at mean lower-low water to the second set of coordinates. Where only one set of coordinates is listed, that location is the base point. 4Vessels less than or equal to 60 ft. (18.3m) LOA are exempt from the 20 nm closure at Sea Lion Rocks.

5 Restrictions at Point Elrington and The Needles will be considered by the Alaska Board of Fisheries because these areas fall completely within the State of Alaska management area of Prince William Sound.

TABLE 20 TO 50 CFR PART 679—STELLER SEA LION PROTECTION AREAS IN THE ALEUTIAN ISLANDS SUBAREA

Management area/island/site 1, 2, 3

Boundaries to Trawling prohibited within—

Latitude (N) Longitude (W) Latitude (N) Longitude (W) (nm) year-round

Yunaska Island .......................................................... 52 41.40 N 170 36.35 W .......................... .......................... 10

Kasatochi Island ......................................................... 52 11.11 N 175 31.00 W .......................... .......................... 10

Adak Island ................................................................ 51 35.50 N 176 57.10 W 51 37.50 N 176 59.60 W 10

Gramp Rock ............................................................... 51 28.87 N 178 20.58 W .......................... .......................... 10

Tag Island .................................................................. 51 33.50 N 178 34.50 W .......................... .......................... 10

Ulak Island ................................................................. 51 18.90 N 178 58.90 W 51 18.70 N 178 59.60 W 10

3902 Federal Register / Vol. 65, No. 16 / Tuesday, January 25, 2000 / Rules and Regulations

TABLE 20 TO 50 CFR PART 679—STELLER SEA LION PROTECTION AREAS IN THE ALEUTIAN ISLANDS SUBAREA—

Continued

Management area/island/site 1, 2, 3

Boundaries to Trawling prohibited within—

Latitude (N) Longitude (W) Latitude (N) Longitude (W) (nm) year-round

Semisopochnoi/Pochnoi Point ................................... 51 57.30 N 179 46.00 E .......................... .......................... 10

Semisopochnoi/Petrel Point ....................................... 52 01.40 N 179 36.90 E 52 01.50 N 179 39.00 E 10

Amchitka Island/East Cape ........................................ 51 22.26 N 179 27.93 E 51 22.00 N 179 27.00 E 10

Amchitka Is/Column Rocks ........................................ 51 32.32 N 178 49.28 E .......................... .......................... 10

Ayugadak Point .......................................................... 51 45.36 N 178 24.30 E .......................... .......................... 10

Kiska Island/Lief Cove ............................................... 51 57.19 N 177 20.41 E 51 57.24 N 177 20.49 E 10

Kiska Island/Cape St. Stephen .................................. 51 52.50 N 177 13.00 E 51 53.50 N 177 12.00 E 10

Buldir Island ............................................................... 52 20.38 N 175 53.85 E 52 20.25 N 175 54.03 E 10

Agattu Island/Cape Sabek ......................................... 52 22.50 N 173 43.30 E 52 21.80 N 173 41.40 E 10

Agattu Island/Gillon Pt ............................................... 52 24.13 N 173 21.31 E .......................... .......................... 10

Attu Island/Caper Wrangell ........................................ 52 55.36 N 172 27.22 E 52 55.34 N 172 27.55 E 10

Seguam Island ........................................................... 52 21.05 N 172 34.40 W 52 21.02 N 172 33.06 W 20

Agligadak Island ......................................................... 52 06.09 N 172 54.23 W .......................... .......................... 20

1Three nm NO TRANSIT ZONES are described at 50 CFR 227.12(a)(2) of this title.

2 Closure zones around many of these sites also extend into statistical area 610 of the Gulf of Alaska Management Area.

3Where two sets of coordinates are given, the baseline extends in a clock-wise direction from the first set of geographic coordinates along the

shoreline at mean lower-low water to the second set of coordinates. Where only one set of coordinates is listed, that location is the base point.

[FR Doc. 00–1708 Filed 1–20–00; 3:26 pm]

BILLING CODE 3510–22–P