Federal Register / Vol. 65, No. 198 / Thursday, October 12, 2000 / Rules and Regulations 60587

where growth of the individual clams

has been reduced because of densitydependent factors.

At its August meeting, the MidAtlantic Fishery Management Council

(Council) voted to recommend that the

Regional Administrator suspend the

minimum size limit. Commercial surf

clam shell length data for 2000 indicate

that only 15.5 percent of the samples

were composed of surf clams that were

less than 4.75 inches (12.07 cm). Based

on these data, the Regional

Administrator adopts the Council’s

recommendation and suspends the

minimum size limit for Atlantic surf

clams from January 1, 2001, through

December 31, 2001.

Classification

This action is authorized by 50 CFR

part 648 and is exempt from review

under Executive Order 12866.

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

Dated: October 5, 2000.

Bruce C. Morehead,

Acting Director, Office of Sustainable

Fisheries, National Marine Fisheries Service.

[FR Doc. 00–26218 Filed 10–12–00; 8:45 am]

BILLING CODE: 3510–22 –S

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric

Administration

50 CFR Part 679

[Docket No. 991210329-0273-02; I.D.

102699B]

RIN 0648-AM63

Fisheries of the Exclusive Economic

Zone Off Alaska; Bering Sea and

Aleutian Islands Area; Amendment 58

To Revise the Chinook Salmon

Savings Areas

AGENCY: National Marine Fisheries

Service (NMFS), National Oceanic and

Atmospheric Administration (NOAA),

Commerce.

ACTION: Final rule.

SUMMARY: NMFS issues regulations to

implement Amendment 58 to the

Fishery Management Plan (FMP) for the

Groundfish Fishery in the Bering Sea

and Aleutian Islands Area (BSAI).

Amendment 58 established a framework

to allow NMFS to reduce the annual

trawl bycatch limit for chinook salmon

and revised the Chinook Salmon

Savings Area (CHSSA) in the BSAI.

Pursuant to this framework authority,

NMFS hereby reduces the annual trawl

bycatch limit for chinook salmon. This

action is necessary to reduce chinook

salmon bycatch and is intended to

further the conservation and

management objectives of the FMP.

DATES: Effective November 13, 2000.

ADDRESSES: Copies of the

Environmental Assessment/Regulatory

Impact Review/Final Regulatory

Flexibility Analysis (EA/RIR/FRFA)

prepared for this action may be obtained

from the Alaska Region, NMFS, P.O.

Box 21668, Juneau, AK 99802-1668;

Attn: Lori Gravel, or by calling the

Alaska Region, NMFS, at 907-586-7228.

Send any comments on any ambiguity

or unnecessary complexity arising from

the language used in this final rule to

the Regional Administrator, Alaska

Region, NMFS, 709 West Ninth Street,

Federal Office Building, Suite 453,

Juneau, AK 99801.

FOR FURTHER INFORMATION CONTACT: John

Lepore, 907-586-7228.

SUPPLEMENTARY INFORMATION: NMFS

manages the groundfish fisheries in the

BSAI under the FMP. The FMP is

implemented by regulations appearing

at 50 CFR part 679 issued under

authority of the Magnuson-Stevens

Fishery Conservation and Management

Act (Magnuson-Stevens Act). General

regulations governing U.S. fisheries

appear at 50 CFR part 600. The North

Pacific Fishery Management Council

(Council) prepared the FMP under

authority of the Magnuson-Stevens Act.

Background

Trawl fisheries in the BSAI,

particularly the midwater pollock

fishery, incidentally catch chinook

salmon. Salmon are a prohibited species

in the BSAI groundfish fisheries. They

cannot be retained and must be returned

to the sea as soon as possible with a

minimum of injury after they have been

counted by a NMFS- certified observer.

However, the mortality rate for salmon

caught in trawl fisheries is 100 percent

as salmon cannot survive interception

by traw l gear. Final regulations

published on November 29, 1995 (60 FR

61215), effective January 1996,

established annual prohibited species

catch (PSC) limits for chinook salmon

and specific seasonal no-trawling zones

in the CHSSA that are triggered when

the limits are reached. These existing

regulations prohibit trawling in the

CHSSA through April 15 of each year

once the bycatch limit of 48,000

chinook salmon, as specified in the

FMP, is reached.

In 1999, the Council prepared

Amendment 58 to the FMP to further

reduce bycatch of chinook salmon by

trawl fisheries in the BSAI. NMFS

published a notice of availability (NOA)

for this amendment in the Federal

Register at 64 FR 60157 on November 4,

1999. The public comment period on

the NOA ended on January 3, 2000;

NMFS approved Amendment 58 on

February 2, 2000. NMFS published a

proposed rule to implement

Amendment 58 on December 21, 1999

(64 FR 71390). The comment period on

the proposed rule ended on February 4,

2000. NMFS received two letters

commenting on the proposed rule. Both

letters expressed strong support for the

adoption of the rule with no changes

recommended. NMFS concurs and has

made no changes to the final rule except

that the starting year for the chinook

salmon bycatch reductions will be 2001

rather than 2000, as stated in the

proposed rule, because the effective date

of this final rule will be too late to use

2000 as a starting year. Additional

background information supporting

Amendment 58 and its implementing

rule was published in the Federal

Register with the NOA and proposed

rule.

Elements of Amendment 58

Amendment 58 and this final rule

implement the following regulatory

changes to trawl chinook salmon PSC

limitations: (1) The chinook salmon

bycatch limit is reduced from 48,000 to

29,000 chinook salmon over a 4-year

period; (2) year-round accounting of

chinook salmon bycatch is established

for the pollock fishery, beginning on

January 1 of each year; (3) the

boundaries defining the CHSSA are

revised; and (4) new CHSSA closure

dates are established.

Chinook Salmon Savings Area

Amendment 58 redefines the CHSSA

as two non-contiguous areas of the BSAI

composed of eight geographic blocks,

each defined by 1/2° latitude by 1°

longitude. Based on historical observer

data, this new definition better

identifies areas of consistently high

chinook salmon bycatch rates in the

pollock fishery.

Progressive Reduction of the Chinook

Salmon Bycatch Limit

This action prohibits directed fishing

for pollock by vessels using trawl gear

within the CHSSA when NMFS

determines that the bycatch limit for

chinook salmon in the BSAI pollock

trawl fisheries has been attained for

each year according to the following

schedule:

Year Chinook Salmon Limit

2001 41,000

2002 37,000

2003 33,000

60588 Federal Register / Vol. 65, No. 198 / Thursday, October 12, 2000 / Rules and Regulations

Year Chinook Salmon Limit

2004 and after 29,000

Accounting for the PSC limit begins

on January 1 and continues throughout

the fishing year. Non-pollock fisheries,

which account for about 10 percent of

the trawl chinook salmon bycatch, are

exempt from the closure of the CHSSA,

and any chinook salmon bycatch in

those fisheries is not counted toward the

PSC limit.

According to the bycatch data

collected, chinook salmon are more

likely to be caught in the CHSSA before

April 15, and after September 1.

Therefore, in the event the chinook

salmon limit is triggered before April

15, the CHSSA would close

immediately. The closure would be

removed on April 15, but would be

reinitiated on September 1 and continue

through the end of the year. If the limit

were reached after April 15, but before

September 1, then the CHSSA would

close on September 1. If the limit were

reached after September 1, the CHSSA

would close immediately and not

reopen until the following year on

January 1.

Classification

This action has been determined to be

not significant under E.O. 12866. No

new reporting, recordkeeping, or

compliance requirements are imposed

by this final rule. NMFS has prepared an FRFA that

describes the economic impact this

action, if adopted, would have on small

entities. A copy of this analysis is

available from NMFS (see ADDRESSES).

No comments were received on the

Initial Regulatory Flexibility Analysis. A

summary of the FRFA follows: The final rule would apply to the 128

fishing vessels permitted in 2000 to fish

in the pollock fishery (21 catcher/

processor permits, 107 catcher vessel

permits). In 1997, pollock vessels

harvested about 1.15 million mt of

pollock, an ex-vessel value of about

$227 million. Under the rule, if a

chinook salmon PSC limit is attained,

all vessels would be prohibited from

directed fishing for pollock within the

CHSSA. The rule would affect all 128

vessels, including CDQ vessels.

However, the available pollock TAC

would not be reduced; only the location

of the catch would be restricted.

Therefore, this action should not

prevent these vessels’ ability to harvest

the entire amount, although pollock

catch rates could decrease as a direct

result of a CHSSA closure. During the

summer months when chinook salmon

bycatch has been historically very low,

the CHSSA would be open to directed

fishing for pollock even if the PSC limit

has been previously attained. This

action specifically targets the pollock

fishery, which is composed primarily of

large entities, historically responsible

for the vast majority of chinook salmon

bycatch in the BSAI. All other fisheries

in the BSAI, many of which have a

higher number and percentage of small

entity participation, are exempt from

any trawling prohibitions that might

result from attainment of a PSC limit

under this action. Also, chinook salmon

bycatch in these non-pollock fisheries

would not be counted toward the cap

under this action. These exemptions

minimize the impacts on small entities

while still achieving the objective of this

action, which is an overall reduction in

chinook bycatch. In addition, NMFS

considered the alternative of

maintaining the status quo, which could

have minimized impacts on small

entities. However, that alternative

would not have achieved the objectives

of this action. There are no projected

recording, recordkeeping, or other

compliance requirements in the rule. The President has directed Federal

agencies to use plain language in their

communication with the public,

including regulations. To comply with

this directive, we seek public comment

on any ambiguity or unnecessary

complexity arising from the language

used in this final rule. Such comments

should be sent to the Alaska Regional

Administrator (see ADDRESSES).

List of Subjects in 50 CFR Part 679

Alaska, Fisheries, Reporting and

recordkeeping requirements.

Dated: October 4, 2000.

William T. Hogarth,

Deputy Assistant Administrator for Fisheries,

National Marine Fisheries Service.

For the reasons set out in the

preamble, 50 CFR part 679 is amended

as follows:

PART 679—FISHERIES OF THE

EXCLUSIVE ECONOMIC ZONE OFF

ALASKA

1. The authority citation for part 679

continues to read as follows:

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

seq., and 3631 et seq.

2. In § 679.2, the definition for

‘‘Chinook Salmon Savings Area of the

BSAI’’ is revised to read as follows:

§ 679.2 Definitions.

* * * * *

Chinook Salmon Savings Area of the

BSAI (see § 679.21(e)(7)(viii)).

* * * * *

3. In § 679.7, paragraph (d)(9) is

revised to read as follows:

§ 679.7 Prohibitions.

* * * * *

(d) * * *

(9) For the operator of an eligible

vessel listed on an approved CDP, use

trawl gear to harvest pollock CDQ in the

Chinook Salmon Savings Area between

January 1 and April 15, and between

September 1 and December 31, after the

CDQ group’s chinook salmon PSQ is

attained.

* * * * *

4. In § 679.21, paragraphs (e)(1)(vii)

and (e)(7)(viii) are revised to read as

follows:

§ 679.21 Prohibited species bycatch

management.

* * * * *

(e) * * *

(1) * * *

(vii) Chinook salmon. The trawl

closures identified in paragraph

(e)(7)(viii) of this section will take effect

when the Regional Administrator

determines that the PSC limit of

chinook salmon caught while harvesting

pollock in the BSAI between January 1

and December 31 is attained according

to the following amounts identified for

each year:

Year Chinook Salmon Limit

2001 41,000

2002 37,000

2003 33,000

2004 and after 29,000

* * * * *

(7) * * *

(viii) Chinook salmon. (A) Closure. If,

during the fishing year, the Regional

Administrator determines that catch of

chinook salmon, by vessels using trawl

gear while directed fishing for pollock

in the BSAI, will reach the annual limit,

as identified in paragraph (e)(1)(vii) of

this section, NMFS, by notification in

the Federal Register will close the

Chinook Salmon Savings Area, as

defined in Figure 8 to this part, to

directed fishing for pollock with trawl

gear consistent with the following dates:

(1) From the effective date of the

closure until April 15, and from

September 1 through December 31, if

the Regional Administrator determines

that the annual limit of chinook salmon

will be attained before April 15.

(2) From September 1 through

December 31, if the Regional

Administrator determines that the

annual limit of chinook salmon will be

attained after April 15.

* * * * *

5. In part 679, Figure 8 is revised to

read as Figure 8a and Figure 8b:

Federal Register / Vol. 65, No. 198 / Thursday, October 12, 2000 / Rules and Regulations 60589

Figure 8a to part 679. Chinook Salmon

Savings Areas of the BSAI

a. Map

BILLING CODE 3510–22–S

60590 Federal Register / Vol. 65, No. 198 / Thursday, October 12, 2000 / Rules and Regulations

Figure 8b to part 679. Chinook Salmon

Savings Areas of the BSAI

b. Coordinates

[FR Doc. 00–26086 Filed 10–11–00; 8:45 am]

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