956 Federal Register / Vol. 67, No. 5 / Tuesday, January 8, 2002 / Rules and Regulations

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric

Administration

50 CFR Part 679

[Docket No. 011218304–1304–01; I.D.

121701A]

RIN 0648–AP69

Fisheries of the Exclusive Economic

Zone Off Alaska; Steller Sea Lion

Protection Measures for the

Groundfish Fisheries Off Alaska; Final

2002 Harvest Specifications and

Associated Management Measures for

the Groundfish Fisheries Off Alaska

AGENCY: National Marine Fisheries

Service (NMFS), National Oceanic and

Atmospheric Administration (NOAA),

Commerce.

ACTION: Emergency interim rule; request

for comments.

SUMMARY: NMFS issues an emergency

interim rule to implement Steller sea

lion protection measures to avoid the

likelihood that the groundfish fisheries

off Alaska will jeopardize the continued

existence of the western population of

Steller sea lions or adversely modify

their critical habitat. These management

measures will disperse fishing effort

over time and area to provide protection

from potential competition for

important Steller sea lion prey species

in waters adjacent to rookeries and

important haulouts. This action also

announces final 2002 harvest

specifications and associated

management measures for the

groundfish fisheries of the Bering Sea

and Aleutian Islands management area

(BSAI) and the Gulf of Alaska (GOA).

The intended effect of this emergency

interim rule is to protect the endangered

western population of Steller sea lions,

as required under the Endangered

Species Act (ESA), and to conserve and

manage the groundfish resources in the

BSAI and the GOA in accordance with

the Magnuson-Stevens Fishery

Conservation and Management Act

(Magnuson-Stevens Act).

DATES: Effective January 1, 2002, except

for the addition of § 679.7(a)(18), the

suspension of § 679.7(c)(3), and the

addition of § 679.28(f)(3)(viii) which

will be effective 1200 hours A.l.t. on

June 10, 2002, through July 8, 2002, and

§ 679.7(k), § 679.50(c)(4)(vi) and (c)(6)

which will be effective January 15,

2002, through July 8, 2002. Comments

must be received by February 7, 2002.

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 room 401 of

the Federal Building, 709 West 9th

Street, Juneau, AK. Comments will not

be accepted if submitted via e-mail or

Internet. Copies of the Supplemental

Environmental Impact Statement on

Steller Sea Lion Protection Measures in

the Federal groundfish fisheries off

Alaska (SEIS), including the 2001

biological opinion, and the

Environmental Assessment (EA) for the

Total Allowable Catch for the Year 2002

Alaska Groundfish Fisheries may be

obtained from the same address. The

SEIS and EA are also available on the

NMFS Alaska Region homepage at http:/

/www.fakr.noaa.gov. Send comments on

collection-of-information requirements

to the same address and to the Office of

Information and Regulatory Affairs

(OIRA), Office of Management and

Budget (OMB), Washington, DC 20503

(Attn: NOAA Desk Officer).

Copies of the Final 2002 Stock

Assessment and Fishery Evaluation

(SAFE) reports, dated November 2001,

are available from the North Pacific

Fishery Management Council, West 4th

Avenue, Suite 306, Anchorage, AK

99510 or from its homepage at http://

www.fakr.noaa.gov/npfmc.

FOR FURTHER INFORMATION CONTACT:

Melanie Brown, Sustainable Fisheries

Division, Alaska Region, 907–586–7228

or e-mail at melanie.brown@noaa.gov.

SUPPLEMENTARY INFORMATION:

Background

NMFS manages the groundfish

fisheries in the exclusive economic zone

(EEZ) off Alaska under the Fishery

Management Plan (FMP) for the

Groundfish Fishery of the BSAI and the

FMP for Groundfish of the GOA. The

North Pacific Fishery Management

Council (Council) prepared the FMPs

under the authority of the MagnusonStevens 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. NMFS also has

management responsibility for certain

threatened and endangered species,

including Steller sea lions, under the

Endangered Species Act of 1973 (ESA),

16 U.S.C. 1531, et seq., and the

authority to promulgate regulations to

enforce provisions of the ESA to protect

such species.

Introduction

The preamble to this emergency rule

contains two parts. Part I explains the

background surrounding actions taken

to protect the endangered western

population of Steller sea lions,

including information on the

development of protection measures for

2002. Part II describes the harvest

specifications for the 2002 groundfish

fisheries of the BSAI and GOA. These

specifications are consistent with the

2002 Steller sea lion protection

measures.

Part I. Steller Sea Lion Protection

Measures

Steller Sea Lion Endangered Species

Status

In 1990, NMFS designated the Steller

sea lion as a threatened species under

the ESA. The designation followed

severe declines throughout much of the

GOA and Aleutian Islands region. In

1993, NMFS designated 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 longitude (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,

the population had declined by 80

percent from the late 1970s. Counts of

adult and juvenile Steller sea lions have

continued to decline over the last

decade, but at a much lower rate.

Based on the best available scientific

information, NMFS attributes the

continued decline to multiple factors.

Considerable evidence indicates that the

lack of available prey is a substantial

factor. Diet studies confirm that Steller

sea lions depend on pollock, Pacific

cod, and Atka mackerel as major prey

resources, and that they may be

particularly sensitive to reduced

availability of prey during the winter.

The occurrence of pollock, Pacific cod,

and Atka mackerel 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. More

information on the environmental

changes and potential effects on Steller

sea lions is detailed in section 4.4.1 of

the October 19, 2001, Biological

Opinion on the BSAI and GOA

groundfish fisheries and the effects on

Steller sea lions (see ADDRESSES).

Federal Register / Vol. 67, No. 5 / Tuesday, January 8, 2002 / Rules and Regulations 957

Past Biological Opinions and Court

Cases

In accordance with the requirements

of the ESA, since 1990 the NMFS Office

of Protected Resources has issued

biological opinions (BiOps) on the

pollock fisheries of the BSAI and GOA,

on the Atka mackerel fishery of the

Aleutian Islands subarea, and on the

entire groundfish fishery for the GOA

and BSAI. These opinions analyzed the

effects of the various groundfish

fisheries with emphasis on the Atka

mackerel, Pacific cod, and pollock

fisheries in the waters off Alaska and

recommended actions to avoid jeopardy

for the western population of Steller sea

lions and to avoid adverse modification

of its habitat. The term ‘‘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 phrase ‘‘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

be critical’’ (50 CFR 402.02).

Two BiOps were issued by NMFS in

December 1998. The first one analyzed

the Atka mackerel and pollock fisheries

(1998–1 BiOp) and the second one

analyzed the 1999 harvest specifications

for all the 1999 groundfish fisheries in

the BSAI and GOA (1998–2 BiOp). The

1998–1 BiOp, issued December 3, 1998,

and revised December 16, 1998,

concluded that the Atka mackerel

fishery, as modified by regulatory

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

was not likely to jeopardize the

endangered western population of

Steller sea lions or adversely modify its

critical habitat. However, the 1998–1

BiOp concluded that the pollock

fishery, as then proposed, was likely to

jeopardize the endangered western

population of Steller sea lions and

adversely modify its critical habitat.

Rather than offering a specific

reasonable and prudent alternative

(RPA) for the BSAI and GOA pollock

fisheries, the 1998–1 BiOp provided a

framework in which specific

management measures could be

developed 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 1998–1 BiOp provided guidance on

the development of management

measures to meet the objectives and,

ultimately, to avoid jeopardy and

adverse modification. The 1998–1 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 1998–1 BiOp. The

Council then prepared

recommendations for alternative

management measures based on the

BiOp framework to avoid jeopardy and

adverse modification. The Council’s

recommendation did not contain Bering

Sea subarea (BS) pollock harvest

specifications for the second half of

1999. However, the Council planned to

recommend these measures prior to

mid-1999. The Council also

recommended closing all but nine of the

haulout zones specified by the 1998–1

BiOp in the BSAI and GOA. NMFS

determined these recommendations to

be acceptable as part of a 2-year phasein 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 1998–1 BiOp as part of the

reasonable and prudent alternatives

(RPAs) for the Alaska pollock fisheries.

NMFS published an emergency interim

rule implementing these measures in

the Federal Register on January 22,

1999 (64 FR 3437), as amended on

February 17, 1999 (64 FR 7814), and on

February 25, 1999 (64 FR 9375), and

effective through July 19, 1999. The

preamble to the emergency interim 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

that included BS pollock harvest

specifications for the second half of

1999.

In June 1999, the Council also

deliberated on various management

measures to implement permanently the

RPAs as described in the 1998–1 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 1998–1 BiOp in the U.S.

District Court for the Western District of

Washington (Greenpeace v. NMFS, Civ.

No. C98–0492Z (W.D. Wash.)). Several

industry groups and Alaska

communities joined the lawsuit as

defendant-intervenors. In an Order

issued on July 9, 1999 (and amended on

July 13, 1999), the Court upheld the nojeopardy 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 RPA back to

NMFS for further analysis and

explanation.

To comply with the Court’s Order,

NMFS conducted additional analyses

and completed the Revised Final

Reasonable and Prudent Alternatives

(RFRPAs) on October 15, 1999. The

RFRPAs described management

measures to avoid the likelihood that

the pollock fisheries authorized by

regulations will jeopardize the

continued existence of the endangered

western population of Steller sea lions

or adversely modify its critical habitat.

NMFS modified previous measures to

conform with the RFRPA and

implemented these measures by

emergency interim rule for the 2000

groundfish fisheries (65 FR 3892,

January 25, 2000, and 65 FR 36795, June

12, 2000). Although both environmental

and fishing industry representatives

challenged the adequacy of the RFRPAs

in the U.S. District Court for the

Western District of Washington,

subsequent events in 2000 further

modified measures to protect Steller sea

lions (see below).

Greenpeace, the American Oceans

Campaign, and the Sierra Club also

challenged the legal adequacy of the

1998–2 BiOp, which NMFS issued on

December 22, 1998. On January 25,

2000, the Court entered an Order

finding the 1998–2 BiOp too narrow in

scope (Greenpeace v. NMFS, 80 F.

Supp. 2d 1137 (W.D. Wash. 2000)). On

958 Federal Register / Vol. 67, No. 5 / Tuesday, January 8, 2002 / Rules and Regulations

July 19, 2000, the Court issued an

injunction prohibiting fishing for

groundfish with trawl gear in the EEZ

within Steller sea lion critical habitat

west of 144° W long. until NMFS issued

a comprehensive biological opinion

adequately analyzing the full scope of

the FMPs. (Greenpeace v. NMFS, 106 F.

Supp. 2d 1066 (W.D. Wash. 2000)). The

critical habitat areas closed by the

Court’s injunction were defined in

regulations codified at 50 CFR 226.202,

and in Tables 1 and 2 of 50 CFR part

226. NMFS issued an interim final rule

prohibiting fishing for groundfish with

trawl gear in Steller sea lion critical

habitat during the pendency of the

Court’s injunction (65 FR 49766, August

15, 2000).

In response to the Court’s Order

finding the 1998–2 BiOp inadequate,

NMFS issued a biological opinion on

the BSAI and GOA groundfish fisheries

FMPs (Comprehensive BiOp) on

November 30, 2000. The Comprehensive

BiOp evaluated the Federal groundfish

fisheries as implemented by the BSAI

and GOA FMPs and their implementing

regulations. After analyzing the direct

and indirect effects of the groundfish

fisheries, as authorized by the BSAI and

GOA FMPs, on listed species, the

cumulative effects of non-Federal

actions, and the environmental baseline,

NMFS concluded that the pollock,

Pacific cod, and Atka mackerel fisheries

as then configured jeopardized the

continued existence of the western

population of Steller sea lions and

adversely modified its critical habitat.

This conclusion was reached based on

the likelihood that pollock, Pacific cod,

and Atka mackerel fisheries compete

with Steller sea lions and reduce their

ability to survive and recover in the

wild. Competition with fisheries is

likely to cause reduced availability of

sea lion prey (especially on small scales)

which would reduce their foraging

success and lead to nutritional stress,

especially of juveniles and to a lesser

extent adult females. The

Comprehensive BiOp included an RPA

that modified the three fisheries in such

a manner as to reduce the likelihood of

causing local depletion of key sea lion

prey species and thus avoid

jeopardizing the continued existence of

Steller sea lions or adversely modifying

their critical habitat.

On December 21, 2000, prior to the

implementation of the Comprehensive

BiOp RPAs, the President signed Public

Law 106–554. This law contained a oneyear timetable for implementing the

RPA from the Comprehensive BiOp as

well as provisions affecting its

implementation. Public Law 106–554,

section 209(c)(2) required the RPA

contained in the Comprehensive BiOp

to become effective in its entirety on

January 1, 2002, unless revised as

necessary and appropriate based on

independent scientific review or other

new information. In accordance with

Public Law 106–554, and starting on

January 1, 2001, the 2001 BSAI and

GOA groundfish fisheries were initially

managed in accordance with the fishery

management plans and Federal

regulations in effect for such fisheries

prior to July 15, 2000. This initial

management regime was subsequently

replaced as provided in Public Law

106–554, section 209(c)(4), via an

emergency interim rule issued by NMFS

under the Magnuson-Stevens Act and

effective on January 18, 2001 (66 FR

7276, January 22, 2001). The emergency

interim rule contained a suite of

management measures that phased in

certain provisions of the RPA.

In response to the conclusions of the

biological opinions since 1998 and

Public Law 106–554, NMFS issued

permanent regulations for the Atka

mackerel fishery (64 FR 3446, January

22, 1999) and a series of emergency

regulations for the pollock fishery (64

FR 3437, January 22, 1999; 65 FR 3892,

January 25, 2000) and for Atka

mackerel, pollock, and Pacific cod

fisheries (66 FR 7276, January 22, 2001,

extended and amended 66 FR 37167,

July 17, 2001, and corrected 66 FR

44073, August 22, 2001, and 66 FR

48371, September 20, 2001). These

regulations disperse harvest over time

and area and provide protection to areas

important to Steller sea lions. In July

2001, the parties to the litigation

concerning the biological opinions and

the RFRPA filed a joint status report and

agreed to stay further litigation until

completion of the 2001 BiOp in October

2001. A subsequent joint status report

dated November 1, 2001, agreed to

continue the temporary stay of litigation

until January 18, 2002, when a followup status report will be filed with the

Court.

Development of 2002 Steller Sea Lion

Protection Measures

In January 2001, the Council

established an RPA Committee to make

recommendations on Steller sea lion

protection measures for the second half

of 2001 and to develop Steller sea lion

protection measures for 2002 and

beyond. The Council’s RPA Committee

was composed of 21 members from the

fishing community, the environmental

community, NMFS, the Council’s

Science and Statistical Committee, the

Council’s Advisory Panel, and the State

of Alaska Department of Fish and Game.

In developing the protection measures

for the second half of 2001 and for 2002,

the RPA Committee’s first goal was to

determine adequate forage for Steller sea

lions using the best scientific and

commercial information available and

the second goal was to maximize the

economic benefit to the fishing industry

within constraints imposed by the ESA.

The RPA Committee met numerous

times to review Steller sea lion biology

and habitat requirements, RPA from the

Comprehensive BiOp, the draft SEIS

and draft 2001 BiOp for this action, and

commercial fishery and scientific survey

information. Meetings in 2001 were

held on February 10, February 20,

March 6–7, March 26–29, April 9, May

9–11, May 21–24, and August 23–24.

These meetings were open to the public

and the public was provided with

several opportunities to comment at

each meeting.

After the available scientific

information on Steller sea lion biology

was discussed, the Committee reviewed

commercial fisheries and harvest data to

determine the competitive overlap

between fisheries and Steller sea lions.

With all of this information, the

Committee then developed a fisheries

management program intended to meet

the requirements of applicable law. In

April 2001, the RPA Committee

presented its recommendations to the

Council for fishery management

measures for the second half of 2001.

These recommendations were then

forwarded by the Council to NMFS.

In June 2001, the RPA Committee

recommended Steller sea lion protection

measures for 2002 and beyond.

However, the Committee did not reach

consensus regarding the

recommendations; two representatives

from the environmental community

objected and provided a minority report

with the May 21–24 Committee

minutes. Both the Committee’s

recommendation and the minority

recommendation developed by the

American Oceans Campaign and the

National Environmental Trust were

included as alternatives analyzed in the

SEIS. Additionally, protection measures

in the GOA, developed by the Alaska

Marine Conservation Council, were

included as an option to the preferred

alternative in the SEIS. Minutes from all

RPA Committee meetings have been

distributed at Council meetings and are

available on the Council’s Web site at

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

default.htm.

In June 2001, the Council

recommended a suite of alternatives to

be analyzed in the SEIS, including the

RPA Committee’s recommendation and

the protection measures described in the

Federal Register / Vol. 67, No. 5 / Tuesday, January 8, 2002 / Rules and Regulations 959

minority report mentioned above.

NMFS reviewed the recommendations

and determined that they represented an

adequate range of reasonable

alternatives as required by the National

Environmental Policy Act (NEPA). For

purposes of identifying a proposed

action in order to initiate formal

consultation under Section 7 of the

ESA, NMFS used the RPA Committee’s

recommendation as the preferred

alternative (Alternative 4) in the draft

SEIS. Alternative 4 also included three

options added by the Council. Two of

the options provided small boat

exemptions for nontrawl gear Pacific

cod fishing in the Chignik and Unalaska

areas, and the third option established

gear specific fishing zones for GOA

Pacific cod fisheries (the Alaska Marine

Conservation Council option).

In July 2001, the NMFS Office of

Sustainable Fisheries (OSF) reinitiated

consultation under the ESA with the

NMFS Office of Protected Resources

(OPR) based on the availability of new

information and the substantial changes

proposed in the fisheries since the

completion of the Comprehensive BiOp.

The new scientific information is

described in more detail below under

the specific protection measures.

Consultation was requested on the

management measures outlined in

Alternative 4 of the draft SEIS. A draft

biological opinion (2001 BiOp) was

prepared by the OPR and distributed as

Appendix A to the draft SEIS, which

was available for public review on

August 20, 2001 (comment period

closed October 15, 2001). During

informal consultations, the OSF and the

OPR concurred that all other listed

species occurring in Alaska other than

Steller sea lions would not be adversely

affected by the implementation of the

proposed action. Therefore, only the

endangered and threatened populations

of Steller sea lions were the subject of

the formal consultation and draft

biological opinion issued by the OPR.

The draft 2001 BiOp, which is a

consultation at the project level, did not

supersede the previous Comprehensive

BiOp. The Comprehensive BiOp

remains valid and meets NMFS’

requirement to consult at the FMP level.

However, the RPA from the

Comprehensive BiOp has been

superseded by the managment measures

in this rule.

The Council conducted a special

meeting in September 2001 to review

the draft SEIS and the draft 2001 BiOp.

After review of these documents and

public testimony, the Council identified

Alternative 4 in the draft SEIS, with

several modifications and without the

options identified in June, as its

preliminary preferred alternative. The

Council decided not to include

additional small boat exemptions for

Unalaska and Chignik due to concerns

that opening these areas would reduce

their values as control sites for

evaluating management measures and

increase the likelihood for competitive

interactions with sea lions, and that

these sites have not been economically

important to the small boat fleets. Also,

the Council preliminarily decided not to

include the GOA ‘‘gear zone’’ option

due to potential conflicts with

Magnuson-Stevens Act national

standards 8 and 10 (i.e., local

community access to fishing resources

and safety).

Based on the analysis of alternatives

in the SEIS, public testimony, and the

draft 2001 BiOp, the Council made final

recommendations for Steller sea lion

protection measures. The 2001 BiOp

determined that Alternative 4 met the

requirements of the ESA by avoiding the

likelihood of jeopardy to Steller sea

lions and adverse modification of their

critical habitat. Alternative 5 was

determined in the SEIS to have similar

effects as Alternative 4 on Steller sea

lions and their critical habitat.

Alternatives 2 and 3 were determined in

the SEIS to have less adverse effects on

Steller sea lions than Alternatives 4 and

5. Alternative 1 was more adverse to

Steller sea lions than Alternative 4,

based on the SEIS analysis. Given the

results of the SEIS and the draft 2001

BiOp, the Council assumed that

Alternatives 2, 3, 4, and 5 would meet

the requirements of the ESA because

Alternatives 2, 3, and 5 were considered

to have similar or less adverse effects on

Steller sea lions compared to

Alternative 4. After the alternatives

were identified that met the ESA

requirements, the Council then

determined which alternative provided

the least impact on the human

environment, including socioeconomic

impacts, and which also met the

requirements of the Magnuson-Stevens

Act, including the national standards.

The Council chose Alternative 4

because it met ESA requirements and

came closer to meeting the overall

objectives of the Magnuson-Stevens Act,

including the national standards, and

NMFS concurs with this decision. The

final SEIS is available from NMFS (see

ADDRESSES) or on the NMFS home page

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

NMFS solicited comments on the

draft 2001 BiOp, which were considered

in the final biological opinion. NMFS

released the final 2001 BiOp on October

19, 2001, which was included as an

appendix to the SEIS. Copies of the

2001 BiOp are available from the NMFS,

Alaska Region homepage at http://

www.fakr.noaa.gov (or see ADDRESSES).

The 2001 BiOp concluded that the

proposed action under Alternative 4,

which is implemented by this

emergency interim rule, is not likely to

jeopardize the continued existence of

either the eastern or western

populations of Steller sea lions or

adversely modify their critical habitat.

At its October 2001 meeting, the

Council slightly modified its preferred

alternative to provide limited relief to

small vessels in response to public

comments. These changes do not

undermine the primary objective of

avoiding jeopardy and adverse

modifications to the Steller sea lions or

their critical habitat. All of these

modifications fell within the scope of

the draft SEIS and the 2001 BiOp. Two

modifications provided additional

protection to Steller sea lions during

2002 in the Aleutian Islands subarea by

eliminating the directed fishery for

pollock and by reducing the proposed

harvest of Atka mackerel in Steller sea

lion critical habitat. The third

modification is a near shore exemption

for small vessels directed fishing for

Pacific cod using hook-and-line or jig

gear in the Bogoslof area and includes

a harvest limit. Because of the extremely

small harvest amount and closures

around Steller sea lion haulouts in the

area, this modification is expected to

have no appreciable effects on Steller

sea lions or their critical habitat. Public

comment on the 2001 BiOp provided at

the October Council meeting raised

questions regarding the efficacy of using

the Bogoslof area as a control site for

comparing the fishery effects on Steller

sea lions. Based on the extremely

limited fishing by small vessels for

Pacific cod and fishing prohibitions

around Bishop Point, the Council

changed its recommendation from

September and requested NMFS

implement a small boat exemption in

the Bogoslof area (option 2 to

Alternative 4 in the SEIS). The small

vessel exemption in the Bogoslof area is

within the scope of option 2 analyzed in

the SEIS.

NMFS concurs with the protection

measures recommended by the Council

and these measures are contained in this

emergency interim rule. NMFS intends

to supersede this emergency interim

rule implementing 2002 protection

measures with proposed and final

rulemaking to implement these or

similar measures for the remainder of

2002 and beyond. The protection

measures also replace the RPA

identified in the Comprehensive BiOp.

960 Federal Register / Vol. 67, No. 5 / Tuesday, January 8, 2002 / Rules and Regulations

Protection Measures and the Most

Recent Information

Scientists generally agree that the

decline of the western population of

Steller sea lions is due to a combination

of factors including nutritional stress,

predation, and natural environmental

changes. These factors are primarily

thought to affect juveniles, and to a

lesser extent adult females, although

how this occurs and the magnitude of

the effects are largely unknown. Of

these factors, the groundfish fisheries

primarily affect nutritional stress and,

through indirect mechanisms, may

increase the likelihood for predation

due to increased search time for prey.

Funding for Steller sea lion research has

increased over the past few years and

may provide clarification on the causes

for the sea lion decline.

The ESA requires NMFS to develop a

Steller sea lion recovery plan, which

includes criteria for delisting the

species. A recovery plan was developed

in 1992 with a set of delisting criteria,

but these criteria were never adopted by

the agency. A new Steller sea lion

recovery team has been assembled and

plans to meet in January 2002. Over a

course of one to two years, the team will

review the best available scientific and

commercial data and will develop a new

recovery plan replacing the outdated

version. Because no recovery criteria are

available, the 2001 BiOp addressed

recovery in terms of effects of the

proposed action on Steller sea lion

population trajectories.

The 2001 BiOp concluded that the

contribution of the groundfish fisheries

to the Steller sea lion decline is likely

to be small under the protection

measures specified in this emergency

interim rule. Although, adverse impacts

to the two populations of Steller sea

lions and their critical habitat are

expected to result from these groundfish

fisheries, the fisheries are unlikely to

jeopardize the continued existence or

adversely modify critical habitat for

these populations. These protection

measures are intended to avoid fisheryrelated reductions in abundance of

Steller sea lion prey in key local

foraging areas, as such reductions could

reduce the effectiveness of sea lion

foraging.

These protection measures address

competitive interactions between the

groundfish fishery and Steller sea lions

in several ways. First, these measures

will modify the existing harvest control

rule to ensure that in the future enough

prey resources exist overall and that

prey densities are sufficient for Steller

sea lions on a large scale. Second, the

protection measures will distribute the

catch of important prey species over

zones of key importance to critical

components of the Steller sea lion

population and over time to reduce the

effects of localized depletion. Localized

depletion for a Steller sea lion is the

reduction of prey resources to a level

that decreases the efficiency of a

foraging sea lion so that it adversely

affects its health or increases its risk to

predation. Finally, the protection

measures will prohibit fishing in areas

immediately surrounding all rookery

and many haulout sites and curtail

fishing for important prey species in

significant portions of designated

critical habitat to relieve competition in

areas considered important to Steller sea

lion survival and recovery.

In 1993, critical habitat was

established to 20 nm seaward of

haulouts and rookeries based on the best

scientific information available at the

time, such as Platform of Opportunity

(POP) data (August 27, 1993, 58 FR

45269). In 1999 through 2001,

protection measures included fishery

restrictions out to 20 nm from Steller

sea lion rookery and haulout sites. In

most cases, the portion of critical habitat

areas considered important for

protection in 2002 and beyond is

between 0 nm and 10 nm of haulout and

rookery sites with areas closer to shore

considered more important for animals

with less foraging skills or for females

with pups. POP data still provide the

best information for adult male Steller

sea lions because little telemetry data

have been collected for these animals.

Recent telemetry data have been

collected and analyzed from primarily

adult females and juveniles, which are

the portion of the population that pose

the most concern for localized depletion

of prey. The new telemetry data indicate

that waters beyond 10 nm are mainly

used by adults and older juveniles,

which are considered to have stronger

foraging skills, and depletion of prey by

groundfish harvesting in these waters is

not as likely to adversely affect foraging

by these individuals. Both telemetry

data and POP data are known to have

biased results, but NMFS recognizes

that the telemetry data provide more

recent information on the more sensitive

components of population when

considering potential localized

depletion of prey by the groundfish

fisheries. For these reasons, many of the

protection zones or areas in this

emergency interim rule extend to 10 nm

from Steller sea lion rookeries and

haulouts.

Steller sea lion count survey data also

were used to determine the areas that

needed more protection from potential

fishery interaction. Some of the

rookeries showed declines of more than

10 percent. In most cases, sites with

higher rates of decline receive

additional protection over areas with

less decline under the measures in this

emergency interim rule.

This emergency interim rule also

includes provisions for control areas to

aid in an experimental design to

determine the effectiveness of

management measures. The Bogoslof

area and Seguam foraging area, and the

Chignik critical habitat areas will be

closed to pollock, Atka mackerel, and

Pacific cod directed fishing, except to

vessels using jig gear in the Chignik area

and to small vessels fishing for Pacific

cod using jig or hook-and-line gear in

the Bogoslof area. The Chiniak Gully

will be closed to trawling August 1

through September 20 to determine the

impact of trawl fishing on localized

depletion of pollock. A review of the

2001 BiOp by the National Academy of

Science may provide further

recommendations on an experimental

design that would provide the

information needed on the efficacy of

management measures.

Summary of the 2002 Management

Measures

The following is a summary of

protection measures. More detailed

descriptions by topic, fishery, and area

follow in this preamble. The State of

Alaska Board of Fisheries at its

November 2001 meeting adopted the

same protection measures for the State

parallel fisheries with two exceptions in

the Pacific cod pot fishery which are

noted below. The State of Alaska

Department of Fish and Game should be

contacted for details on Steller sea lion

protection measures inside State waters.

The majority of the Steller sea lion

protection measures contained in this

emergency interim rule are effective

January 1, 2002, through July 8, 2002.

Protection measures include:

1. Area closures for federally

permitted vessels to all groundfish

fishing between 0 nm and 3 nm of 39

rookery sites. These sites are considered

the most sensitive for females with pups

and the near shore marine critical

habitat the most important to protect

from interactions between groundfish

fisheries and Steller sea lions.

2. For the Atka mackerel, pollock, and

Pacific cod directed fisheries in the

waters off Alaska, protection measures

include: (a) A modified harvest control

rule (HCR) to prohibit directed fishing

when the biomass reaches 20 percent of

its unfished level, (b) closures within 10

or 20 nm of selected haulout and

rookery sites to directed fishing for Atka

mackerel, pollock, and Pacific cod in

Federal Register / Vol. 67, No. 5 / Tuesday, January 8, 2002 / Rules and Regulations 961

the GOA and BSAI, (c) closure of

Seguam foraging area and most of the

Bogoslof area to all gear types, (d) a

VMS requirement, (e) closure of the

Chignik area to pot, trawl, and hookand-line gears, (f) closure within 10–20

nm of 46 rookeries and haulouts to

hook-and-line fishing for Pacific cod,

and 44 rookeries and haulouts to pot

fishing for Pacific cod, and (g)

modifications to the CDQ groundfish

program.

3. Aleutian Island area protection

measures include: (a) Closure of the

subarea to directed fishing for pollock,

(b) Pacific cod total allowable catch

(TAC) apportionment by season and

gear, as well as gear specific area

restrictions that alternate with the Atka

mackerel fishery in critical habitat in

areas 542 and 543, (c) closure of the

Seguam foraging area to pollock, Atka

mackerel, and Pacific cod directed

fishing by all gear types, (d) critical

habitat harvest limit of 60 percent for

Atka mackerel in areas 542 and 543, (e)

a platoon management system for Atka

mackerel fishing in critical habitat in

areas 542 and 543, (f) two observers

required for critical habitat Atka

mackerel directed fishing, (g) at least 0–

3 nm closures around all haulouts for

Atka mackerel and Pacific cod trawl

fishing and (h) no Atka mackerel critical

habitat fishing west of 178° W long.

4. Bering Sea protection measures

include: (a) Two seasons (40:60 percent

apportionment) for the pollock fishery

with no more than 28 percent of the

annual directed fishing allowance taken

from the Steller sea lion conservation

area (SCA) before April 1, (b)

continuation of BS pollock fishery

cooperatives established under the AFA,

(c) establishment of the BS Pollock

Restriction Area during the A season,

(d) closure of the Catcher Vessel

Operation Area (CVOA) to non-CDQ

pollock trawl catcher/processors during

the B season, (e) Pacific cod TAC

apportionments by season and gear, as

well as gear specific area restrictions,

and (f) closure of all BS subarea critical

habitat to Atka mackerel fishing.

5. Gulf of Alaska protection measures

include: (a) Distribution of pollock

harvest evenly over 4 seasons, (b)

closure of directed fishing for pollock in

areas that vary from 0–20 nm to 0–3 nm

around rookeries and haulouts, (c) two

seasons (60 percent:40 percent) for

Pacific cod fishing and area restrictions

that are dependent on gear type and

vessel size, and (d) continuation of the

NMFS Chiniak Gully research project to

explore the effects of commercial

fisheries on pollock abundance and

distribution in the GOA.

2002 Protection Measures Details for

Harvest Time, Limits, and

Apportionments

Modification of the Existing Harvest

Control Rule (HCR)

The protection measures include a

modification of the existing HCR for

pollock, Pacific cod, and Atka mackerel.

NMFS currently uses an HCR

established under Amendments 56/56 to

the FMPs when determining the

maximum allowable biological catch

(ABC). Under the existing HCR, the ABC

for a majority of stocks, including

pollock, Pacific cod, and Atka mackerel,

is based on a fishing mortality rate

intended to reduce the spawning

biomass per recruit to 40 percent of its

theoretical unfished level (F40%). When

the biomass is below the amount

necessary to produce the maximum

sustainable yield (MSY), the fishing

mortality rate is reduced linearly. When

the spawning biomass per recruit is

reduced to 2 percent of its unfished

level, the fishing mortality rate becomes

0 and all fishing for that target stock is

prohibited (see Figure 1). A new HCR

was used in 2001 which reduced

directed fishing for pollock, Pacific cod,

and Atka mackerel in a more aggressive

linear fashion than the original HCR and

included a directed fishing prohibition

at the 20 percent unfished biomass

level.

The new HCR will be almost identical

except that directed fishing would be

prohibited when the spawning biomass

is below 20 percent of the unfished level

(as opposed to 2 percent in the current

HCR).

Figure 1 shows the reduction in

fishing mortality under the three

methods of harvest control: (1)

Amendments 56/56 to the BSAI and

GOA FMPs for most groundfish species,

(the existing HCR for most groundfish

species), (2) the 2001 HCR, and (3) the

2002 HCR. The harvest rate under the

2002 HCR and under Amendments 56/

56 would decrease at the same rate until

20 percent of the unfished spawning

biomass is reached.

In a model, NMFS analyzed the

difference in recovery rates back up to

the MSY under the 2001 and 2002 HCRs

and found very little difference (3–4

percent) between them. The 2001 BiOp

concluded that the 2002 HCR is

adequate to avoid locally depleting Atka

mackerel, pollock, and Pacific cod for

Steller sea lions.

962 Federal Register / Vol. 67, No. 5 / Tuesday, January 8, 2002 / Rules and Regulations

In 2002, the new HCR does not affect

the harvest rates for any species.

However, the GOA pollock biomass is

estimated to be about 45 percent less

than the 2000 estimate. Because of

uncertainty in the point estimate and

continued poor recruitment in the GOA

pollock stock, the Plan Team

recommended an ABC well below the

maximum permissible using the HCR.

Given the fact that in hindsight using

the current model and known biomass

amounts in 2001, the fishery would

have overfished this stock if the total

TAC would have been taken in areas

620 and 630. NMFS determines that this

action is reasonable from a Steller sea

lion and stock assessment perspective.

See the SAFE reports for the GOA and

BSAI and Part II of this preamble for

more details. The SAFE reports are

available from the Council (see

ADDRESSES).

Steller Sea Lion Protection Measures for

Pollock, Atka Mackerel, and Pacific Cod

Fisheries

The 2002 Steller sea lion protection

measures include fishing seasons and

area restrictions for the pollock, Pacific

cod, and Atka mackerel fisheries. The

seasons will distribute these fisheries

over time. Critical habitat harvest limits

for pollock and Atka mackerel will be

implemented by this emergency interim

rule consistent with the Council

recommendations. Critical habitat limits

will distribute the Atka mackerel and

pollock fisheries over area, reducing the

potential for localized depletion of prey.

In order to manage fishing to protect

Steller sea lions, this emergency interim

rule includes changes to the permit

information collected under § 679.4.

Vessels owners will need to register

with NMFS to participate in the pollock,

Pacific cod, and Atka mackerel fisheries.

These directed fisheries will appear as

endorsements on the vessel’s Federal

fishery permit for the area that the

vessel owner has chosen for fishing

these species. Vessel owners wishing to

fish for Atka mackerel in critical habitat

will also need to indicate whether they

want to fish in Federal regulatory areas

542, 543, or both. The Atka mackerel

registration information will be used for

platoon management, which is

explained later in this section.

Several AFA provisions from 2001 are

extended into 2002 under this

emergency interim rule as well as

inshore/offshore allocations of GOA

pollock and Pacific cod. These

provisions effectively slow the rate of

fishing and distribute fishing effort in a

manner expected to reduce competition

with Steller sea lions. These provisions

also were evaluated by the Council as

part of the new Steller sea lion

protection measures. More details are in

Part II of this preamble under the BSAI

harvest specifications. Separate

rulemaking is being pursued by NMFS

to permanently implement these

provisions in the future.

This action suspends the definition of

directed fishing for pollock and other

groundfish harvested under the CDQ

program. It also revises the way that

groundfish CDQ species may be used to

calculate retainable amounts of other

species, modifies groundfish CDQ

retention requirements, and requires

that a vessel’s intended target fishery be

reported on CDQ catch reports. These

changes are necessary to ensure that the

Steller sea lion protection measures

being implemented by this emergency

interim rule are applicable to groundfish

CDQ harvesting activities.

Under current regulations, the general

groundfish fisheries and groundfish

CDQ fisheries have different definitions

of directed fishing. For recordkeeping

and reporting requirements, as well as

for License Limitation groundfish

fishing, directed fishing is defined as

any fishing activity that results in the

retention of an amount of a species or

species group on board a vessel that is

greater than the current maximum

retainable bycatch (MRB) amount, based

on retained (or ‘‘basis’’) species on

board a vessel at a given time. The

pollock and groundfish CDQ directed

fishing definitions differ from the MRBbased definition for two reasons. First,

the AFA specifies that the only pollock

that will accrue to the pollock CDQ

reserve will be that amount caught by

vessels directed fishing for pollock

CDQ. Second, all other groundfish

caught while groundfish CDQ fishing

Federal Register / Vol. 67, No. 5 / Tuesday, January 8, 2002 / Rules and Regulations 963

must accrue towards one of the

specified CDQ reserves, including

economic discards or non-target species.

In general, a vessel is considered

groundfish CDQ fishing if it has been

listed in a NMFS approved Community

Development Plan and catches any

amount of groundfish CDQ, including

pollock. More specifically, the

assessment of a vessel’s particular target

fishery is determined differently,

depending on vessel type. For catcher/

processors, the species composition of

each haul is assessed to determine the

directed fishery. For catcher vessels, the

species composition on board the vessel

at any time is used. Typically this

information is used for pollock catch

accounting purposes and the calculation

of halibut bycatch mortality rather than

at-sea enforcement of other management

measures.

The definition of directed fishing for

pollock CDQ uses a 60 percent

threshold to determine whether a vessel

using trawl gear is directed fishing for

this species. If this criterion is met, then

the pollock accrues toward the pollock

CDQ reserve. If not, it accrues towards

the pollock Incidental Catch Allowance

(ICA). Pollock caught incidentally in

groundfish CDQ fisheries by vessels

using nontrawl gear also accrues

towards the ICA. This definition of

pollock CDQ fishing was established as

part of a final rule implementing

Amendment 66 to the BSAI FMP on

March 7, 2001 (66 FR 13672), and was

intended to meet the intent of the AFA.

This definition was designed to

facilitate pollock catch accounting, not

to identify a vessel’s overall target

fishery. Defining CDQ directed fisheries

via the use of MRB standards will offer

a more accurate portrayal of a vessel’s

actual CDQ target fishery. For purposes

of implementing the Steller sea lion

protection measures, using the 60

percent definition of pollock CDQ

fishing could conflict with the

calculated target fishery derived by

using MRB amount calculations. A

vessel could, under current regulations,

be considered directed fishing for

pollock CDQ based on the species

composition of a single haul, whereas

under MRB calculations it would not.

The suspension of CDQ specific

directed fishing definitions,

modifications of the use of CDQ species

as basis species, and suspension of the

use of a 60 percent threshold to

facilitate pollock CDQ catch accounting

in this emergency interim rule are

necessary to establish a means to readily

enforce time and area closures to

directed fishing for pollock, Pacific cod,

and Atka mackerel. Applying the

definition of directed fishing already

used for the non-CDQ groundfish

fisheries will enhance the monitoring

and enforcement of Steller sea lion

protection measures. This will give

consistency to the at-sea determination

of both a vessel’s non-CDQ and CDQ

target fisheries. Additionally, to lessen

the potential for confusion by NMFS

staff, U.S. Coast Guard boarding

personnel, vessel operators, and CDQ

groups, MRB amounts will be used to

define directed fishing for all groundfish

CDQ species.

These measures, along with a new

requirement to report the intended

target species on CDQ catch reports, will

also assist NMFS management to

determine when catch limits have been

reached, when area closures should

occur, and how to account for pollock

caught in the groundfish CDQ fisheries.

The target information that will be

received on CDQ catch reports will be

used by NMFS to determine whether to

accrue pollock towards either the

pollock CDQ allocation or the pollock

ICA. Additionally, current regulations

do not require regulatory discards in the

groundfish CDQ fisheries. However, the

use of MRB amounts may require that

some Atka mackerel or Pacific cod be

discarded at-sea if CDQ directed fishery

closures are in effect for these two

species. Such catch will still be required

to be reported on CDQ catch reports and

will be subtracted from their

corresponding CDQ allocations.

The protection measures addressing

temporal and spatial dispersion of the

pollock, Atka mackerel, and Pacific cod

directed fisheries are as follows:

1. Aleutian Island Subarea Pollock

Fishery

In the AI subarea directed fishing for

pollock is prohibited at all times.

2. Bering Sea Subarea Pollock Fishery

In the Bering Sea subarea, fishing

seasons are continued for the four

sectors of the Bering Sea pollock fishery

that are defined in the AFA. These

seasons are defined as the A season

(January 20–June 10, 40 percent) and the

B season (June 10–November 1, 60

percent).

Pollock fishing will be prohibited

during the A season in the Bering Sea

Pollock Restriction Area (BSPRA). This

area is based on a series of straight lines

tangential to haulouts, 10 nm from the

shore between the eastern edge of the

SCA and the western edge of Statistical

Area 519. The BSPRA is intended to

reduce the likelihood of localized

depletion and competitive interactions

during critical winter months when

juvenile Steller sea lions are learning to

forage.

This emergency interim rule extends

the repeal of the ‘‘fair start’’ provisions

at § 679.7(b) that required vessels

fishing for pollock in the Bering Sea 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 determined that

these fair start requirements were no

longer necessary given the changes to

the pollock fishery that occurred under

the AFA.

Catcher vessel exclusive fishing

seasons at § 679.23(i) will be continued

by this emergency interim rule. Vessels

fishing in one season in the GOA or in

the BSAI are restricted from fishing in

the alternative management area until

the following season. This restriction

will limit the concentration of fishing

effort in one area and reduce the

potential for localized depletion of

Steller sea lion prey. Catcher vessels

less than 125 ft (38.1 m) LOA fishing

east of 157° W long. are exempt from

this restriction.

This emergency interim rule also will

extend the use of the SCA established

by the emergency interim rule

published January 25, 2000 (65 FR

3892), at § 679.22(a)(11). The SCA

includes the portion of Bering Sea

critical habitat known as the Bogoslof

Foraging area and the portion of the

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) the adjacent

portions of critical habitat.

The SCA consists of the area of the

Bering Sea 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 specifies

the amount of the annual pollock

directed fishing allowance (PDFA) that

can be taken from the SCA during the

A season. The PDFA is equal to the sum

of each sector’s TAC minus the ICA and

10 percent CDQ reserve. Until April 1,

the harvest within the SCA is limited to

964 Federal Register / Vol. 67, No. 5 / Tuesday, January 8, 2002 / Rules and Regulations

28 percent of the annual PDFA which is

equivalent to 70 percent of the A season

apportionment. The remaining 12

percent of the annual PDFA allocated to

the A season may be taken outside of

SCA before April 1 or inside the SCA

after April 1. If the 28 percent of the

annual PDFA is not taken inside the

SCA before April 1, the remainder may

be taken inside the SCA after April 1.

The A season pollock SCA harvest limit

will be apportioned to each industry

sector in proportion to each sector’s

allocated percentage of the PDFA as set

forth in the AFA. This action is

necessary to avoid high harvest rates

within a relatively small area of the BS

subarea which is Steller sea lion critical

habitat.

NMFS will monitor catch by each

industry sector and close the SCA to

directed fishing for pollock by sector

when NMFS determines that a sector’s

specified portion of the SCA limit has

been reached. As in 2001, in accordance

with the Council’s intent to address

small vessel safety concerns, inshore

catcher vessels less than or equal to 99

ft (30.2 m) LOA will continue to be

exempt from SCA closures unless the

cap for the inshore sector has been

reached, as specified in

§ 679.22(a)(11)(vii). Under the authority

of the 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.

The CVOA will continue to be closed

to pollock trawl catcher/processors

during the B season (June 10-November

1) to reduce the amount of pollock taken

from this area and to reduce the

potential for competition with Steller

sea lions.

3. GOA Pollock Fishery Seasons and

Apportionments

Fishing seasons and pollock TAC

apportionments in the GOA are

summarized in Table 1.

TABLE 1.—POLLOCK FISHING SEASONS

AND TAC APPORTIONMENTS FOR

THE WESTERN AND CENTRAL REGULATORY AREAS OF THE GULF OF

ALASKA

Season

TAC apportionment

(percent)

Season dates

A ........... 25 January 20–February 25.

B ........... 25 March 10–May 31.

C .......... 25 August 25–September 15.

D .......... 25 October 1–November 1.

Rollover of a seasonal TAC

apportionment is permitted as long as it

does not exceed 30 percent of the

annual TAC.

The start date of the C season has

been changed from August 20 in 2001

to August 25 in 2002. This change is

intended to reduce salmon bycatch and

to optimize the use of shoreside

processing facilities and the harvest of

the pollock allocation in the C season.

This change is expected to have no

appreciable effect on Steller sea lions.

The 300,000 lb (136 mt) trip limit for

catcher vessels harvesting pollock in the

directed pollock fisheries of the GOA at

§ 679.7 supports temporal distribution

objectives and is maintained by this

rule. A catcher vessel fishing for

groundfish in the GOA will be

prohibited from retaining on board more

than 300,000 lb (136 mt) of pollock

harvested in the GOA any time during

a trip. This trip limit will 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, § 679.7 continues to

prohibit vessels from operating as

pollock tenders in the GOA east of

157°00′ W long. to prevent the large

scale use of tender vessels to avoid the

trip limit restriction. Vessels operating

as tenders in the GOA west of 157°00′

W long. will be prohibited from

retaining on board more than 600,000 lb

(272 mt) of unprocessed pollock or the

equivalent of two fishing trips.

Tendering west of 157°00′ W long. is

allowed because smaller vessels

delivering to Sand Point and King Cove

are more dependent on tenders than the

larger vessels that operate east of

157°00′ W long. and deliver primarily to

Kodiak.

4. BSAI Atka Mackerel Seasons,

Apportionments, Critical Habitat

Harvest Limits, and Platoons

In the BSAI at § 679.23(e)(7), the A

season for Atka mackerel will begin

January 20 and end April 15. The B

season will begin September 1 and end

November 1. The CDQ Atka mackerel

fishery will have a single season from

January 20 through November 1 because

the vessels used in the non-CDQ Atka

mackerel fishery are generally the same

vessels used in the CDQ fishery, and the

CDQ harvest historically takes place

when the non-CDQ season is closed.

Fifty percent of the annual TACs for

the western, central, and eastern

Aleutian Islands districts is available

during each season. No more than 60

percent of the seasonal TAC may be

taken from within the harvest limit area

(HLA) in statistical Areas 542 and 543

in the AI subarea. The HLA includes

critical habitat and two additional

Steller sea lion haulouts located west of

178° W long. and is further explained

below. The apportionment is based on

the assumed distribution of Atka

mackerel based on depth contour of the

continental shelf and on an objective to

reduce the amount of rockfish bycatch

that has occurred historically at

relatively high levels outside of critical

habitat in deeper waters in areas 542

and 543. Critical habitat limits in 2001

were between 48 and 46 percent. One of

the objectives in setting harvest levels is

to harvest at a level relative to the

abundance of the fish in the area to

avoid localized depletion. The biomass

estimates in areas 542 and 543 indicated

that up to 75 percent of the biomass

occurs in critical habitat, but the

Council recommended, and NMFS

concurs, that a more conservative

increase in the amount of harvest from

critical habitat is appropriate because

this fishery has caused measurable

localized depletions in the past. Higher

levels of harvest in critical habitat may

be considered in the future after

additional analysis. Analyzing the

effectiveness of the platooning system

for managing the fleet in the HLA will

provide additional information to

understand the potential impact of

higher harvest limits in the future. The

amount of harvest allocated to the HLA

also needs to be enough to encourage

the participation in platoons used to

manage the critical habitat fisheries.

NMFS catch data indicate a higher

catch rate of Atka mackerel in area 542

than in area 543 so that area 542 vessels

will likely reach their HLA limit quicker

than area 543 vessels. Thus, area 542

Federal Register / Vol. 67, No. 5 / Tuesday, January 8, 2002 / Rules and Regulations 965

vessels could have an earlier

opportunity to fish outside of critical

habitat and encounter rockfish bycatch

in amounts sufficient to pose

overfishing concerns and close the Atka

mackerel fishery without area 543

critical habitat limits being reached.

With the 60 percent limit in the HLA,

vessels will be able to spend more effort

inside critical habitat and will be less

likely to shut down the Atka mackerel

fishery due to rockfish bycatch

compared to a limit set at 50 percent or

less.

To clearly identify the Steller sea lion

protection areas for Atka mackerel

directed fishing in areas 542 and 543,

this emergency interim rule establishes

a new definition at § 679.2. For

purposes of Atka mackerel platooning

and for restriction of Pacific cod

trawling during the Atka mackerel HLA

directed fishery, the definition of the

HLA is waters within 20 nm seaward of

Steller sea lion sites listed in Table 24

of 50 CFR part 679. This definition is

needed to include Rat Island and Cape

Ivakin haulouts because these are not

listed under 50 CFR 226.202 as critical

habitat but are identified by NMFS as

needing protection as part of the

measures implemented to avoid the

likelihood of jeopardy.

Atka mackerel fishing is prohibited in

critical habitat east of 178° W long. to

provide maximum protection to Steller

sea lions and because Atka mackerel is

readily available in waters outside of

critical habitat. Atka mackerel harvest is

permitted in critical habitat west of 178°

W long. under a system of platooning

and with observers. All vessels fishing

for Atka mackerel in HLA west of 178°

W long. are required to have two

observers so that NMFS can meet the

requirements of the 2001 BiOp to

adequately monitor fisheries to manage

critical habitat limits.

To reduce the amount of daily catch

in the HLA by about half and to disperse

the fishery over two areas, the Atka

mackerel fleet is divided into two

platoons assigned to fish in the HLA in

either areas 542 or 543. NMFS will

assign vessels to a platoon for each area

that a vessel registered to fish. Each

platoon in an area will be assigned to

fish during one of the two directed

fisheries held in the area during a

season. This division will be done

through a lottery system that ensures

random selection of vessels to a platoon.

The random selection process will be

used to ensure that each participant in

a platoon is provided an equal

opportunity to fish in a platoon of

vessels in an HLA in area 542 or area

543 and that the combination of vessels

fishing together is determined by

chance.

With the random selection process,

the potential exists that vessels of less

fishing capability may be in a group of

vessels with more fishing capability,

affecting the smaller vessel’s

opportunity to harvest fish. By dividing

the vessels registered for an area into

platoons, all vessels will be competing

with half of the vessels that they

normally compete against, reducing

competition on the fishing grounds and

potentially enhancing the overall

harvest for smaller vessels in the HLA.

However, the potential for competitive

advantage of larger vessels from the

same company working together over

the smaller vessels will be reduced with

the random platoon assignments,

making it more likely that dispersion of

catch over time is achieved.

During a fishing season, the fishing

limit inside the HLA will be split into

two predetermined Atka mackerel

directed fisheries with each platoon

fishing under a harvest limit in

proportion to the number of vessels in

the platoon compared to the number of

vessels registered for the area. The time

period of the directed fishery is based

on the combined harvest potential of the

vessels in the platoon. The start date for

the first directed fishery is 48 hours

after the closure of the area 541 Atka

mackerel directed fishery. Historically,

area 541 is harvested first with vessels,

which later move into areas 542 and

543. Starting the HLA directed fisheries

48 hours after closure of area 541

provides a fair start to the HLA fisheries

by allowing for off loading of catch and

travel to areas 542 and 543. When the

HLA directed fishery is closed in either

areas 542 or 543, vessels may fish

outside of the HLA anywhere in the

Aleutian Islands where directed fishing

is open.

If a vessel has registered to fish in an

HLA in both areas 542 and 543 during

a season, it will be assigned to fish in

directed fisheries in area 542 and in area

543 that begin on different dates.

Regardless of the number of vessels in

a platoon, an HLA directed fishery

would last no longer than 14 days to

allow each platoon ample opportunity

to harvest in the HLA in areas 542 or

543 before the end of the season.

During each season, vessels registered

to fish in the HLA in areas 542 or 543

may not fish for groundfish in any other

location while the first directed fishery

in an HLA which the vessel is assigned

is open. This stand down provision may

last up to 14 days, the maximum length

of an HLA directed fishery for Atka

mackerel.

Vessels not wishing to participate in

the platoons may fish for Atka mackerel

outside of the HLA and outside of

critical habitat in the BSAI subareas.

5. BSAI and Western and Central

Districts of the GOA Pacific Cod

Seasons, Apportionments, and Closures

For the BSAI and Western and Central

Districts of the GOA Pacific cod seasons,

this emergency interim rule separates

the TACs into separate seasonal

apportionments depending on gear type

(Table 2). For the nontrawl vessels in

the BSAI and Western and Central

Districts of the GOA, the A season

begins on January 1, 2002, and ends

June 10, 2002. Sixty percent of the

annual TAC, after subtraction of any

reserves and incidental catch, will be

available for harvest during the A

season and will be allocated among the

various sectors as provided in

§ 679.20(a)(6)(iii) and (a)(7). The

nontrawl B season in both the BSAI and

Western and Central Districts of the

GOA begins at 1200 hours, A.l.t., on

June 10, 2002, and ends on December

31, 2002. Forty percent of the annual

TAC, after subtraction of any reserves

and incidental catch, will be available

for harvest during the B season and will

be allocated among the various sectors

as provided in § 679.20(a)(6)(iii) and

(a)(7). Pot and hook-and-line vessels less

than 60 ft (18.3 m) LOA in the BSAI

have no seasonal apportionment. For

the trawl fisheries in the BSAI, the

annual TAC is apportioned to three

seasons. The A season starts January 20

and ends April 1 with 60 percent of the

annual TAC allocated. The B season

starts April 1 (1200 hours, A.l.t.) and

ends June 10 with 20 percent of the

annual TAC allocated and the C season

starts June 10 (1200 hours, A.l.t.) and

ends November 1 with 20 percent of the

annual TAC allocated. In the Western

and Central Districts of the GOA, trawl

vessels are allocated 60 percent of the

annual TAC in the A season and 40

percent in the B season.

966 Federal Register / Vol. 67, No. 5 / Tuesday, January 8, 2002 / Rules and Regulations

TABLE 2.—BERING SEA AND ALEUTIAN ISLANDS SUBAREAS AND WESTERN AND CENTRAL DISTRICTS OF THE GULF OF

ALASKA PACIFIC COD SEASONS AND TAC APPORTIONMENTS

Gear and area A season and apportionment

B season and apportionmentC season and apportionment

Trawl in W/C GOA ........................................................... January 20–June 10 (60%) September 1–November 1

(40%).

Trawl in BSAI ................................................................... January 20–April 1 (60%) April 1–June 10 (20%) ...... June 10–November 1

(20%)

Hook-and-line, pot, and jig in W/C GOA, and pot > 60

ft. LOA in BSAI.

January 1–June 10 (60%) September 1–December

31 (40%).

Hook-and-line > 60 ft. and jig in BSAI ............................ January 1–June 10 (60%) June 10– December 31

(40%).

CDQ* pot, pot and hook-and-line < 60 ft in the BSAI ..... January 1–December 31

*Community Development Quota program. CDQ vessels fishing with non-pot gear are governed by the gear specific seasonal restrictions listed

in Table 2.

Unused Pacific cod allocations among

sectors and unused apportionments for

seasons in the BSAI and Western and

Central GOA may be redistributed,

considering bycatch and optimization of

catch by gear groups and sectors.

Moving 20 percent of the BSAI Pacific

cod TAC from the first season to the

second season provides greater

dispersion of the harvest and limits

fishing in the most sensitive period for

Steller sea lions. Apportioning the BSAI

Pacific cod trawl TAC among three

seasons shifts 20 percent of the harvest

out of the June through October time

period compared to 2001

apportionments. Moving 20 percent of

the harvest from the second half of the

year enhances the opportunity for the

Pacific cod trawl fleet to harvest Pacific

cod when it is aggregated, optimizing

the potential to reach the annual harvest

limit. The apportionment during the

first half of the year is further divided

into 60 percent and 20 percent of the

annual TAC.

Apportioning Pacific cod between two

or among three seasons may affect the

ability of fishermen to fully utilize the

TAC for Pacific cod. In previous years,

a large portion of the Pacific cod TAC

was taken during the early part of the

calendar year. Pacific cod tends to

aggregate during the early part of the

calendar year when it is easier to locate

and catch. Also, as Pacific cod becomes

disaggregated, the increased fishing time

and effort to catch the same amount of

fish results in increases in bycatch,

which also can affect the success of

fully utilizing the TAC.

In the BSAI, the trawl allocations of

Pacific cod TAC are further allocated to

catcher vessels and catcher/processors.

The seasonal allocation for the Pacific

cod trawl catcher vessels is further split

to 70 percent in the A season, 10

percent in the B season, and 20 percent

in the C season. Pacific cod trawl

catcher/processors’ portion of the TAC

is allocated 50 percent in the A season,

30 percent in the B season, and 20

percent in the C season. Many of these

vessels participate in the AFA pollock

fishery, which has resulted in the

dispersion over time of not only pollock

but also Pacific cod harvests in the

BSAI. Rollovers between these sectors

will continue to be allowed under

§ 679.20(a)(7)(ii). Regulatory provisions

are added by this emergency interim

rule to allow the rollover of BSAI Pacific

cod trawl allocations between seasons.

Trawl allocations to catcher vessels and

catcher/processors may continue to be

moved between vessel types within a

season before reallocation to other gear

types to allow for full optimization of an

allocation by the trawl sector during a

season. These gear allocations will help

to further disperse the Pacific cod

fishery over time and lessen the

potential for depletion of prey.

In the GOA, bycatch of Pacific cod in

other groundfish fisheries during the

time period between the closure of the

A season and the opening of the B

season will be deducted from the B

season apportionment. This

recommendation by the Council is

intended to optimize the harvest of

Pacific cod when it is most vulnerable

to fishing gear while fully providing for

Pacific cod bycatch needs in other

groundfish fisheries.

Under this emergency interim rule,

Pacific cod harvest by trawl gear in the

Aleutian Islands critical habitat in areas

542 and 543, west of 178° W long. is

prohibited during the Atka mackerel

HLA directed fisheries. (See above

discussion of Atka mackerel for the

definition of the HLA.) This provision

reduces potential competition for prey

posed by concurrent trawl fisheries in

critical habitat. It also allows for easier

management by NMFS of the Atka

mackerel fishery during the short time

period that HLA is open to directed

fishing for Atka mackerel vessels.

Vessels fishing in the HLA during the

Atka mackerel directed fishing opening

will be managed for Atka mackerel only,

instead of managing directed fisheries

for Atka mackerel and Pacific cod.

Closed Areas and Management

Measures

The Steller sea lion protection

measures include fishery closure areas

designed to reduce competition with

Steller sea lions, consistent with the

concerns described in the 2001 BiOp.

Scientific information suggests that the

effects of the groundfish fisheries on

Steller sea lions may be greatest around

rookeries and haulouts. Fishing

prohibitions around rookeries and

haulouts is important to the most

vulnerable Steller sea lions, lactating

females, young-of-the-year, and

juveniles.

Since publication of critical habitat

definitions in 50 CFR 226.202, NMFS

has identified 19 additional haulouts in

the BSAI and the GOA as areas to be

protected from fishery effects similarly

to critical habitat. The Council

recommended and NMFS agreed that

the 19 additional haulouts should be

treated in this manner to provide

protection to Steller sea lions occurring

in areas with the same features as areas

listed as critical habitat. The majority of

these sites had fishing prohibitions

consistent with those for critical habitat

closures sites in 2001. Cape Ivakin and

Rat Island in the Aleutian Islands are

two haulouts that are not listed as

critical habitat and were not protected

from fishing activities in 2001 in the

same manner as critical habitat in the

Aleutian Islands. More information and

justification for including these

haulouts is contained in the 2001 BiOp.

At its November 2001 meeting, the

Alaska Board of Fish (BOF) accepted

Steller sea lion protection measures for

the State parallel fishery similar to

Federal protection measures, with two

exceptions. State parallel fisheries are

open during the same time period as

Federal directed fisheries in the EEZ.

Federal Register / Vol. 67, No. 5 / Tuesday, January 8, 2002 / Rules and Regulations 967

NMFS deducts harvest amounts which

occur during the State parallel fisheries

from the Federal TACs. Other Statemanaged groundfish fisheries function

exclusively under State regulations and

management policies and are not

accounted for by NMFS management.

The single exception is the Statemanaged Pacific cod fishery in the

Central, Western, and Prince William

Sound State waters of the GOA. The

Federal TACs for Pacific cod in the

Western and Central districts are

reduced from the ABCs by the amounts

anticipated to be taken in the Statemanaged Pacific cod fishery. The State

parallel groundfish fisheries

management plan requires the

Commissioner by emergency order to

open and close parallel seasons and

implement gear, time, and area

restrictions at the same time and in the

same manner as Federal managers do

under the regulations implementing the

FMPs. The State intends to implement

Steller sea lion protection measures in

the State parallel fisheries regulations

that apply to State waters 0 nm to 3 nm

and in Prince William Sound and Cook

Inlet.

The BOF gave the Commissioner of

the Alaska Department of Fish and

Game emergency order authority to

exempt pot fishing for Pacific cod

within 0–3 nm of Caton Island and Cape

Barnabus from the parallel fishery

closures which are based on Federal

rules. Because of the slow rate of

extraction in the pot fishery and the

small amount of Pacific cod harvest by

this gear sector, NMFS determined

through continued consultation under

section 7 of the ESA that this change to

the action would not result in any

appreciable effects on Steller sea lions

not previously considered in the 2001

BiOp.

Four haulout sites listed as critical

habitat under 50 CFR 226.202 occur in

the internal waters of Prince William

Sound. These sites are Pt. Elrington, The

Needle, Perry Island, and Pt. Eleanor.

Glacier Island also occurs in Prince

William Sound and is one of the 19

haulouts not listed as critical habitat.

There is no Federal fishery or State

parallel fishery in this area. The Statemanaged fisheries are closed to pollock

trawling from June 1–November 1 from

0 nm to 10 nm around Pt. Elrington, The

Needle, and Glacier Island. Harvest of

pollock is also apportioned across three

areas of Prince William Sound with no

more than 40 percent of the total harvest

coming from a single area. This

emergency interim rule includes no

protection measures for these sites

inside State internal waters.

The protection measures make no

changes to the existing 3 nm no-entry

zones around rookeries listed in 50 CFR

223.202. Those sites that are subject to

the no-entry zones under 50 CFR

223.202 are also listed in Table 21 to 50

CFR part 679 for fishing closures.

However, persons should refer to 50

CFR 223.202 for the appropriate

locations of the no-entry zones. In some

cases those locations may be different

than locations for the same sites that are

also listed in Table 21 to 50 CFR part

679. NMFS will reconcile any

differences between the two sets of

regulations in the near future. However,

until that occurs, persons are advised to

refer to 50 CFR 223.202 for the proper

location of no-entry zones and Table 21

to 50 CFR part 679 for proper location

of sites for fishery closures. Two

additional rookeries currently not

designated as critical habitat are

included in Table 21 for groundfish

fishing closures within 3 nm of the

rookeries. These sites are Wooded

Island and Seal Rocks (Cordova). The 3

nm groundfish fishing closures apply to

all groundfish fishing vessels and all

gear types. The State-managed and

parallel fisheries through emergency

orders and regulations prohibit entry

and/or groundfish fishing in waters

within 3 nm of all of the rookeries listed

on Table 21.

The RPA Committee made

recommendations for closures around

haulouts and rookeries dependent on

the rate of decline seen at the site and

historical fishing patterns. In some

cases, sites with higher rates of decline

received greater protection over areas

with lower declines. Jig vessels are

exempt from most of the closure zones

beyond 3 nm of rookeries and beyond

the shore around haulouts. This is due

to their slow rate of extraction and small

number of vessels which prosecute

these fisheries. Site specific closures are

detailed in Tables 21 through 24 of 50

CFR part 679 and in § 679.22. Closures

apply only to federally permitted

vessels. A summary of area and fishery

specific closures are as follows:

Groundfish Fishery Closures

1. All rookeries listed in Table 21 of

part 679 are closed to directed

groundfish fishing with federally

permitted vessels using any gear type

from 0 nm to 3 nm.

2. Five haulout areas in the Northern

Bering Sea are closed to directed fishing

with federally permitted vessels for

pollock, Pacific cod, and Atka mackerel

with vessels using trawl, pot, or hookand-line gear from 0 nm to 20 nm. These

haulouts are Hall Island, Round

(Walrus) Island, St. Lawrence Island/S.

Punuk Island, St. Lawrence Island/SW

Cape, and Cape Newenham.

Historically, only limited fishing has

occurred for the three prey species near

these haulouts, and closures offer

protection from developing fisheries in

this area.

3. The Seguam foraging area, and the

Bogoslof area are closed to pollock,

Pacific cod, and Atka mackerel fishing

by federally permitted vessels using any

gear types. Catcher vessels less than 60

ft (18.3 m) LOA may fish for Pacific cod

using hook-and-line or jig gear in the

Bogoslof Pacific cod exemption area. In

addition, critical habitat areas around

two rookeries and four haulouts in the

Chignik area are closed to pot, hookand-line, and trawl fishing for the three

species.

Aleutian Island Closures

1. The Aleutian Islands subarea is

closed to pollock fishing by federally

permitted vessels in 2002. Pollock

fishing was prohibited in the Aleutian

Islands subarea in 2000 and 2001 as part

of Steller sea lion protection measures.

The Council recommended and NMFS

agrees with the subarea closure in 2002

to allow for additional analysis and

consideration for opening the AI

subarea to pollock fishing outside of

critical habitat in 2003.

2. Atka mackerel fishing by federally

permitted vessels is prohibited in

critical habitat east of 178° W long. in

the Aleutian Islands and Bering Sea

subareas. Historically, Atka mackerel

has been harvested outside of critical

habitat east of 178° W long. Because of

this, the fishery is expected to be able

to harvest their allocation while

providing substantial protection to

Steller sea lions. West of 178° W long.,

Atka mackerel directed fishing by

federally permitted vessels is prohibited

between 0 nm and 15 nm of Buldir

rookery, and prohibited between 0 nm

and 10 nm of the remaining rookeries.

Due to a continued steep decline in the

population at Buldir greater than 10

percent, an additional 5 nm protection

zone was added. Additionally, Buldir is

isolated from other near shore foraging

locations making it more susceptible to

local depletions. Atka mackerel directed

fishing by federally permitted vessesls is

also prohibited between 0 nm and 3 nm

of haulouts west of 178° W long. to

protect near shore foraging areas.

3. Pacific cod fishing closure areas for

federally permitted vessels are

dependent on the gear used and

location. Hook-and-line and pot vessels

are prohibited from fishing (1) in critical

habitat east of 173° W long. to the

western boundary of the Bogoslof area

to reduce gear conflicts with trawl

968 Federal Register / Vol. 67, No. 5 / Tuesday, January 8, 2002 / Rules and Regulations

vessels, (2) 0 nm to 10 nm of Buldir

rookery, and (3) 0 nm to 20 nm of

Agligadak rookery. Increased protection

around Agligadak is established because

this site has a high rate of Steller sea

lion count declines. Due to limited

extraction rates by hook-and-line and

pot vessels, closures are limited to 0 nm

to 3 nm around rookeries.

Pacific cod trawl closures for federally

permitted vessels in the Aleutian

Islands include (1) east of 178° W long.

between 0 nm and 10 nm of rookeries,

except Agligadak rookery which is

closed 0 nm to 20 nm, and between 0

nm and 3 nm of haulouts, and (2) west

of 178° W long., between 0 nm and 20

nm around haulouts and rookeries until

the Atka mackerel HLA fishery is

completed. After the HLA fishery for

Atka mackerel is closed for the season,

Pacific cod trawling is prohibited 0 nm

to 3 nm of haulouts and 0 nm to 10 nm

of rookeries. Trawl closures are more

extensive around haulouts and rookeries

due to higher removal rates and large

extractions by trawl gear. Increased

protection around Agligadak rookery is

established because this site has a high

rate of Steller sea lion decline.

Bering Sea Closures

1. Atka mackerel directed fishing by

federally permitted vessels is prohibited

in critical habitat in the Bering Sea

subarea. This will provide protection to

Steller sea lions by reducing the

potential for competition for Atka

mackerel prey.

2. Pollock directed fishing by

federally permitted vessels is prohibited

(a) between 0 nm and 10 nm of all

rookeries and haulouts, except four

Pribilof haulouts which are closed

between 0 nm and 3 nm, (b) in the

Bering Sea Pollock Restriction area

during the A season, and (c) non-CDQ

trawl catcher/processors are prohibited

from fishing in the CVOA during the B

season (June 10–November 1) to reduce

the rate and amount of harvest in

critical habitat. No Steller sea lions were

observed during the last NMFS survey

of the Pribilof haulouts in 1991;

therefore, the Council recommended

and NMFS concurs that these haulouts

do not require 10 nm protection zones.

The Pribilof Islands Conservation Zone

described at § 679.22(a)(6) is a trawl

closure area, which encompasses some

of the Steller sea lion critical habitat

areas. Five haulouts and one rookery are

located in the Bering Sea Pollock

Restriction Area. This area is closed to

pollock fishing in the A season to

provide protection to Steller sea lions in

the near shore foraging areas during the

most critical time of the year.

3. Pacific cod closures for federally

permitted vessels are dependent on the

type of gear used. Fishing for Pacific cod

with vessels using trawl gear is

prohibited between 0 nm and 10 nm

around all rookeries and haulouts,

except for the four Pribilof haulouts that

are closed between 0 nm and 3 nm. All

hook-and-line and pot gear vessels are

prohibited from fishing between 0 nm

and 3 nm of rookeries and haulouts,

except the Amak rookery which is

closed to hook-and-line and pot gear

from 0 nm to 7 nm.

In 2001, the closures around rookeries

in the Bering Sea subarea were 10 nm

for vessels greater than 60 ft (18.3 m)

LOA using nontrawl gear to harvest

Pacific cod. For 2002, closure areas are

3 nm, a reduction from the 10 nm based

on the lower rate of extraction by

vessels using nontrawl gear. As stated

earlier in the preamble, the Bogoslof

area is closed to pollock, Pacific cod,

and Atka mackerel directed fishing. The

rest of the Bering Sea subarea, except

within 3 nm of rookeries, has been open

to Pacific cod nontrawl fisheries during

the same time period that the non-pup

counts have been increasing. Regardless,

for the Bering Sea subarea, an amount

of critical habitat closure was the target

for designing the protection measures

that apply to the Pacific cod nontrawl

fisheries. Large amounts of this target

were accounted for in the closures of the

northern haulouts and the Bogoslof area.

Amak rookery is closed out to 7 nm. The

extension beyond 3 nm was important

to reach an annual BS subarea critical

habitat closure amount based on the

total area.

A small exemption area was

established in the southern portion of

the Bogoslof area for catcher vessels less

than 60 ft (18.3 m) LOA using hook-andline or jig gear for directed fishing for

Pacific cod. This area includes all water

of the Bering Sea south of a line

connecting a point 3 nm north of Bishop

Pt. to Cape Tanak. The Bishop Pt. 10 nm

closure area remains in effect for these

vessels in the Bogoslof area. The amount

of Pacific cod harvested from the

exemption area is limited to 113 mt to

minimize the possibility of localized

depletion of Pacific cod. This exemption

will allow a small number of vessels

from the Dutch Harbor area a relatively

safe location to harvest Pacific cod and

will reduce the potential for gear

conflicts east of Bishop Pt. These vessels

have limited opportunities because

there is no Pacific cod State-managed

fishery in the Dutch Harbor area, and

some vessels are constrained by their

license limitation permit from fishing in

Gulf of Alaska waters.

A 0–10 nm closure is also established

around Bishop Pt. and Reef/Lava

haulouts for vessels greater than or

equal to 60 ft (18.3 m) LOA using hookand-line gear. This restriction was

added to reduce the possibility of gear

conflicts between hook-and-line and pot

vessels in the Pacific cod fishery and to

provide added protection to Steller sea

lions by reducing fishing effort near

these haulouts.

Gulf of Alaska Closures

1. Atka mackerel directed fishing by

federally permitted vessels is prohibited

in the GOA subarea. Biomass has been

insufficient to support a directed fishery

for the past several years.

2. Pollock and Pacific cod directed

fishing by federally permitted vessels

using trawl gear is closed between 0 nm

and 10 nm or 20 nm around most

haulouts and rookeries year round.

Exceptions include: (a) Marmot Island

rookery is closed between 0 nm and 15

nm during the first half of the year and

between 0 nm and 20 nm during the

second half of the year, (b) Gull Point

and Ugak Island are closed between 0

nm and 3 nm in the second half of the

year, (c) Cape Barnabus, Cape Ikolik,

Mitrofania, Spitz, Whaleback, Sea Lion

Rocks, Mountain Point, Castle Rock, and

Canton haulouts are closed between 0

nm and 3 nm, and (d) Pinnacle Rocks

rookery is closed between 0 nm and 3

nm.

Marmot Island is closed between 0

nm and 15 nm in the first half of the

year to allow the pollock fishing fleet

access to pollock that are likely to have

roe and are more valuable. Marmot

Island is closed between 0 nm and 20

nm in the second half of the year.

Closures are reduced to 3 nm around a

number of sites in the GOA year round

or for the B season to provide

opportunities for fishing by small, local

trawl fleets that have historically fished

near these sites in consideration of

national standard 8 of the MagnusonStevens Act. These sites are located in

areas that have lower rates of decline for

non-pups since 1991 than other areas of

the GOA. The rate of extraction by the

small vessel trawl fleet is expected to be

small enough to avoid any localized

depletion of prey for Steller sea lions.

3. Directed fishing for Pacific cod

with federally permitted vessels using

hook-and-line or pot gear is prohibited:

(a) 0 nm to 10 nm or 20 nm of all

rookeries except for Seal Rocks, Wooded

Island, Atkins, Chernabura, Clubbing

Rocks, and Pinnacle Rock which are

closed 0 nm to 3 nm; (b) 0 nm to 20 nm

around Sutwik, Nagai Rocks, Lighthouse

Rocks, and Kak haulouts; (c) 0 nm to 3

nm around Cape Barnabus, Cape Ikolik,

Federal Register / Vol. 67, No. 5 / Tuesday, January 8, 2002 / Rules and Regulations 969

Mitrofania, Spitz, Whaleback, Sea Lion

Rocks, Mountain Point, Castle Rock, and

Canton haulouts; (d) 0 nm to 10 nm

around haulouts between 170° W and

164°30′00′′ W long. for hook-and-line;

and (e) 0 nm to 20 nm around haulouts

between 170° W and 164°30′00′′ W long.

for pot gear.

Closures around sites in the area of

Chignik are to 20 nm to increase the

overall closure area for the GOA. This

area also has one of the higher rates of

Steller sea lion non-pup count declines

in the GOA since 1991, making it an

area of greater potential sensitivity to

fishing activities. In accordance with

national standard 8 of the MagnusonStevens Act, sustained participation of

the communities in the Pacific cod

fishery in this area was considered by

the RPA Committee and Council.

Historically, Pacific cod available in the

State-managed fishery has not been fully

harvested. Even with the Federal fishery

closure, opportunity still exists for

Pacific cod fishing with vessels using

pot or jig gear under the State-managed

fishery. With these gear type fisheries

available under the State of Alaska

managed fishery and jig fishing

available under the Federal fishery, the

closure of this area should not pose

excessive economic hardship on the

residents of the small communities

which use these fishing grounds.

Vessel Monitoring Systems

To ensure vessels are complying with

area restrictions, § 679.7 prohibits all

vessels permitted to directed fish for

Pacific cod, pollock, or Atka mackerel

with trawl, hook-and-line, or pot gear

from directed groundfish fishing or

fishing for halibut IFQ unless they have

an operable VMS at all times that the

Atka mackerel, Pacific cod, or pollock

directed fisheries they have permits for

are open. This is necessary to meet one

of the reasonable and prudent measures

detailed in the 2001 BiOp requiring that

NMFS have the capability to detect

illegal fishing activity inside closed

areas. Halibut IFQ is included in the

prohibition because many Pacific cod

vessels may also be used for halibut IFQ

fishing and not just groundfish harvest.

This emergency interim rule makes this

requirement effective 1200 hours, A.l.t.,

June 10, 2002, to allow the vessel

owners time to purchase and install

VMS equipment. The Atka mackerel

fishing fleet is currently equipped with

VMS, as required by § 679.7(c)(3). Jig

vessels are exempt from this

requirement due to the fact they

generally are not restricted except

within 3 nm of rookeries (no fishing

zones in Table 21 to 50 CFR part 679)

and in the Seguam foraging and

Bogoslof areas. Before groundfish

fishing, vessel owners will also be

required to inform NMFS of the VMS

transponder ID number and the vessel

on which the transponder will be used

so that equipment operation can be

confirmed.

The Chiniak Gully Pollock Research

Program

The Council endorsed a research

project proposed by NMFS in the

Chiniak Gully off Kodiak Island to

determine the effect of pollock fisheries

on pollock school dynamics and the

likelihood of localized depletions. The

experiment includes the closure of

Chiniak Gully to trawl fishing from

August 1 to no later than September 20.

A more detailed description of the

experiment is provided in the draft

environmental assessment/regulatory

impact review/final regulatory

flexibility analysis for the proposed rule

to implement a seasonal closure of a

portion of the Central Regulatory Area,

GOA, to vessels using trawl gear (65 FR

41044, July 3, 2000). For copies of these

documents, please contact NMFS (see

ADDRESSES). This experiment was

implemented by emergency interim rule

in 2001 (66 FR 37167, July 17, 2001).

This emergency interim rule continues

the implementation of this experiment

including trawl closures necessary to

conduct the experiment.

National Standards

A summary of how this action

addresses relevant national standards

under the Magnuson-Stevens Act

follows. The Assistant Administrator for

Fisheries finds that the Steller sea lion

protection measures recommended by

the Council meet the applicable national

standards.

National Standard 1. Achieving

optimum yield while preventing

overfishing. The harvesting of pollock,

Atka mackerel, and Pacific cod will be

controlled so that directed fishing will

stop if the biomass falls to below 20

percent of the unfished projected

biomass. This will ensure that prey is

available to Steller sea lions and that

fish stocks may be maintained for

optimal yield without the likelihood of

overfishing. NMFS determined in the

2001 BiOp that the harvest control in

this emergency interim rule is protective

of Steller sea lions and their designated

critical habitat and is consistent with

this national standard.

National Standard 2. Use of best

scientific information available. NEPA

and ESA analyses of this action were

based on the latest reliable information

available regarding Steller sea lion

mortality, diet, foraging behavior, count

data, and recent scientific review of the

Comprehensive BiOp and the draft 2001

BiOp. The RPA Committee and Council

carefully considered these analyses

during the development of their

recommendations for Steller sea lion

protection measures. The standard has

been met because NMFS used the best

available scientific information, meeting

this national standard.

National Standard 3. Manage an

individual stock of fish or interrelated

stocks of fish as a unit throughout its

range. Groundfish stocks are continuing

to be managed under the Steller sea lion

protection measures as units based on

species and occurrence, and stock

assessment information continues to be

used in these management decisions.

NMFS also works closely with the State

of Alaska in managing fish stocks that

occur across Federal and State waters as

individual units. As an example, GOA

Pacific cod acceptable biological catch

(ABC) accommodates both a Federal

fishery and a State-managed cod fishery.

Further, the State opens and closes State

waters consistent with the management

of the groundfish fisheries in Federal

waters.

National Standard 4. Fair and

equitable allocation to individuals,

corporations, or other entities. The RPA

Committee was comprised of

representatives from different regions

and types of fisheries so that differential

effects of changes to pollock, Pacific

cod, and Atka mackerel were considered

as the Steller sea lion protection

measures were developed. The draft

SEIS and public comments from fishing

industry representatives and

communities also were considered by

the RPA Committee and Council before

finalizing recommended protection

measures. This allowed the RPA

committee and Council to consider the

impacts of the protection measures on

different sectors of the fishing industry

and on different communities and to

take steps to fairly distribute the

impacts so that no one sector or

community suffered an excessive

adverse economic impact. NMFS

determined through SEIS analysis that

the process described above provided

recommendations that led to fair and

equitable allocation of the impacts of

the protection measures.

National Standard 5. Efficiency of

using fishery resources. The RPA

Committee and Council considered the

efficiency of using the fishing resources

when developing the Atka mackerel

platooning management, and for setting

closure areas and seasons for the

pollock, Atka mackerel, and Pacific cod

fisheries. Within the limitations of

protection measures, the fisheries

970 Federal Register / Vol. 67, No. 5 / Tuesday, January 8, 2002 / Rules and Regulations

management measures were developed

to ensure that as much of the available

TAC as possible could be harvested

with the least amount of effort. NMFS

has determined that fishing will take

place in a manner that protects Steller

sea lions and their critical habitat and

minimizes disruption to fisheries and

allows for efficient use of resources.

National Standard 6. Consideration of

variations among and contingencies in

fisheries, fishery resources, and catches.

The RPA Committee process ensured

that the Steller sea lion protection

measures were developed with

understanding of the variations in

fishing activities in the different areas

and for different species and variations

in the abundance of different fish stocks

in different areas. NMFS determined

that the protection measures were

developed taking variations into

consideration, consistent with this

national standard.

National Standard 7. Minimize cost

and avoid unnecessary duplication. The

economic analysis in the SEIS for the

Steller sea lion protection measures

shows that the protection measures in

this emergency interim rule minimized

the cost to the industry while protecting

Steller sea lions and their critical

habitat. Based on the SEIS analysis,

NMFS determined that the protection

measures are consistent with this

national standard.

National Standard 8. Consider the

importance of fishing resources to

fishing communities. Part of the SEIS

analysis included socioeconomic

impacts of the action and alternatives on

small communities. Several provisions

in the protection measures allow small

vessels and vessels with nontrawl gear

to fish near their home ports to ensure

small community access to the fishing

resources. Provisions in the protection

measures also allow for fishing

opportunities for small coastal

communities in Alaska by providing for

year long Atka mackerel fishing seasons

and by allowing access to fishing areas

used by these communities.

At its October 2001 meeting, the

Council did recognize that its preferred

alternative would impose costs and

burdens, particularly on some small

coastal communities and associated

fishing fleets. The Council expressed its

intent to explore management measures

intended to provide further relief to

these sectors, yet meet the requirements

of applicable law. Council consideration

of these measures is scheduled for its

April 2002 meeting. NMFS determined

that the impact of the protection

measures in this emergency interim rule

on fishing communities was considered

in developing the Council’s

recommendation, consistent with this

national standard.

National Standard 9. Reduce bycatch.

In designing the protection measures,

the RPA Committee considered areas

and timing of fishing to address

concerns about potential increases in

bycatch in the Atka mackerel, pollock,

and Pacific cod fisheries. The Atka

mackerel additional harvest in the

harvest limit area in 2002 is expected to

reduce the amount of rockfish bycatch,

normally encountered outside of critical

habitat. Salmon bycatch will be

evaluated in 2002 as the SCA is opened

where salmon bycatch is known to

occur, but the pollock fishing industry

is implementing incentive measures to

reduce bycatch. The regulations will

continue to have bycatch closure areas

for crab, herring, and salmon and

prohibited species catch limits as

detailed in Part II of this preamble.

NMFS has determined through SEIS

analysis that the protection measures

minimize bycatch to the extent possible

while providing protection to Steller sea

lions and minimizing adverse economic

impacts on the fisheries.

National Standard 10. Safety. Several

provisions in the protection measures

allow small vessels to fish near their

home ports or in near shore waters that

are more protected from bad weather

than off shore waters. Some examples

include the Bogoslof Pacific cod

exemption area and Pacific cod

nontrawl fishery in the Sand Point and

King Cove area near haulouts.

Part II. Specifications

The FMP and its implementing

regulations require NMFS, after

consultation with the Council, to

specify annually the TAC for each target

species and for the ‘‘other species’’

category, the sum of which must be

within the optimum yield range of 1.4

million to 2.0 million metric tons (mt)

for the BSAI and within the optimum

yield range of 116,000 mt to 800,000 mt

for the GOA (§ 679.20(a)(1)).

NMFS is establishing the 2002 TAC

specifications for the BSAI and GOA by

this emergency interim rule. The normal

procedure of publishing proposed,

interim, and final TAC specifications

was not followed in 2002 because the

information needed to establish the

harvest specifications did not become

available until mid-November and the

Council recommendations were not

received by NMFS until December 11,

2001. Analysis of the action and the

preparation of the Federal Register

notification could not be completed

until the Council recommendations

were received for the final specifications

as well as the Steller sea lion protection

measures, of which the specifications

are an integral part and must be in place

by January 1, 2002, to allow the orderly

commencement of the 2002 groundfish

fisheries. Accordingly, it is

impracticable to provide prior notice

and an opportunity for public comment,

or to delay for 30 days the effective date

of this rule. Further, it would be

contrary to the public interest to delay

the start of the season to allow for prior

notice, an opportunity for public

comment, and for a 30-day delay in the

effective date.

This emergency interim rule includes

the following provisions for the BSAI

and GOA: (1) AFA measures; (2)

specifications of overfishing level (OFL),

ABC, and TAC for each groundfish

species category; (3) apportionments of

reserves; (4) allocations of the sablefish

TAC to vessels using hook-and-line and

trawl gear; (5) apportionments of

pollock TAC among regulatory areas,

seasons, and allocations among different

industry sectors including Bering Sea

fishery cooperatives; (6) apportionments

of Pacific cod TAC among regulatory

areas, seasons, and allocations among

different industry sectors; (7)

apportionment of Atka mackerel in the

BSAI among seasons, gear, and

regulatory areas; (8) PSC limits; (9)

fishery and seasonal apportionments of

the Pacific halibut PSC limits; (10)

fishery apportionments of other PSC

limits in the BSAI; (11) Pacific halibut

assumed discard mortality rates; (12)

groundfish harvest and PSC limitations

for AFA vessels; (13) closures to

directed fishing for specified groundfish

targets; (14) AFA measures for inshore

and offshore component participation,

crab harvesting, and observer

requirements; and (15) an increase in

the contribution of arrowtooth flounder

to the CDQ non-specific reserve. A

discussion of these measures follows.

AFA Measures

AFA prohibitions on crab harvesting

and processing are continued with this

emergency interim rule. In § 679.7,

catcher vessels must have a sideboard

endorsement for BSAI crab to retain

crab and can not exceed the processing

limits. These prohibitions are necessary

to limit the advantage of AFA pollock

fishery participants over open access

crab fishery participants.

Another AFA measure maintained

with this emergency interim rule under

§ 679.7 is prohibiting the participation

in both the inshore and offshore

component during a fishing year. This is

necessary to maintain the Council’s

inshore and offshore policy of harvest

allocation in the GOA.

Federal Register / Vol. 67, No. 5 / Tuesday, January 8, 2002 / Rules and Regulations 971

Observer coverage requirements for

AFA vessels in § 679.50(c)(4)(vi) are

continued with this emergency interim

rule to maintain consistency between

observer requirements in the CDQ

fishery and the AFA fishery where the

same vessels are used and the same

level of observer coverage is needed.

This will allow for smoother transitions

between the two types of fisheries.

Acceptable Biological Catch (ABC) and

TAC Specifications

The final ABC levels are based on the

best available scientific information,

including projected biomass trends,

information on assumed distribution of

stock biomass, and revised technical

methods used to calculate stock

biomass. The FMPs specify the

formulas, or tiers, to be used in

computing ABCs and overfishing levels.

The formulas applicable to a particular

stock or stock complex are determined

by the level of reliable information

available to fishery scientists. This

information is categorized into a

successive series of six tiers.

In December 2001, the Scientific and

Statistical Committee (SSC), Advisory

Panel (AP), and Council reviewed

current biological information about the

condition of groundfish stocks in the

BSAI and GOA. This information was

compiled by the Council’s Plan Teams

and is presented in the final 2002 SAFE

reports for the BSAI and GOA

groundfish fisheries, dated November

2001 (See ADDRESSES). The SAFE

reports contain a review of the latest

scientific analyses and estimates of each

species’ biomass and other biological

parameters, as well as summaries of the

available information on the BSAI and

GOA ecosystem and the economic

condition of groundfish fisheries off

Alaska. From these data and analyses,

the Plan Teams estimate an ABC for

each species or species category.

The Council considered the

ecological, socioeconomic, and

ecosystem information in the SAFE

reports, recommendations from its SSC

and AP, as well as public testimony

when recommending ABCs and TACs at

its December 2001 meeting.

The final specifications are set forth

in Tables 3 through 29 of this action.

For 2002, the sum of TACs is 2 million

mt in the BSAI and 237,890 mt in the

GOA.

Bering Sea and Aleutian Islands

Management Area

In December 2001, the SSC, AP, and

Council reviewed the BSAI Plan Team’s

recommendations for OFL and ABC

levels. Except for Bogoslof pollock, and

the ‘‘other species’’ category, the SSC,

AP, and Council endorsed the Plan

Team’s ABC recommendations. Based

on the best available information, the

SSC recommended a lower ABC for

Bogoslof pollock and a slightly higher

ABC for the ‘‘other species’’ category

than the Plan Team recommended. For

Bogoslof pollock, the SSC agrees with

the Plan Team recommended ABC. The

Plan Team recommended splitting the

‘‘other species’’ category into sculpins,

skates, sharks and octopus with

individual group ABCs based on mean

catch since 1977. The SSC disagreed

with this approach and recommended

calculating the individual group ABCs,

summing these ABCs to form an

aggregate maximum allowable ABC and

scaling the ABC down to be closer to

recent TACs for the complex. For all

species, the AP endorsed the ABCs

recommended by the SSC, and the

Council adopted the AP’s

recommendations.

The Council’s TAC recommendations

were based on the ABCs as adjusted for

other biological and socioeconomic

considerations, including maintaining

the total TAC within the required OY

range of 1.4 million to 2.0 million mt.

The Council adopted the AP’s TAC

recommendations.

Through 2000, the ‘‘other red

rockfish’’ complex was comprised of

northern, sharpchin, rougheye, and

shortraker rockfish in the Bering Sea

subarea. In the Aleutian Islands subarea,

this complex was split out into two

groups comprised of northern/sharpchin

and rougheye/shortraker rockfish. For

2002, the Council recommended

species-specific BSAI OFLs and ABCs

for each species in the ‘‘other red

rockfish’’ complex to reduce the

potential for one species to be fished

disproportionately to its abundance and

resulting in overfishing concerns. The

Council also recommended that

sharpchin rockfish, which were

previously included in the ‘‘other red

rockfish’’ complex, be moved into the

‘‘other rockfish’’ complex.

NMFS agrees with these

recommendations, but will not be able

to implement all of them in 2002 due to

monitoring constraints in the hook-andline gear fisheries. Shortraker and

rougheye rockfish are reported by

observers using a group species code,

which, under current observer

procedures, cannot be separated into

specific species and incorporated into

routine observer reports prior to the

2002 fishing year. Thus NMFS is

modifying the Council’s

recommendation and is establishing

BSAI wide OFL and ABC amounts for

northern and rougheye/shortraker

rockfish. The Bering Sea subarea and

Aleutian Islands subarea now will be

managed for CDQ and non-CDQ with

one TAC group for shortraker/rougheye

rockfish, a separate TAC for northern

rockfish, and sharpchin rockfish will

join the ‘‘other rockfish’’ category.

Changing the Bering Sea and Aleutian

Islands subareas ‘‘other red rockfish’’

complex in this manner addresses

overfishing concern by decreasing the

TAC amounts. The final ABCs as

recommended by the Council and

modified and approved by NMFS are

listed in Table 3.

As in 2001, for the CDQ fisheries,

NMFS is combining the northern and

shortraker/rougheye rockfish in the

Bering Sea into the ‘‘other red rockfish’’

species category. The CDQ reserves for

rockfish are 7.5 percent of the TAC. If

CDQ reserves were specified for the two

rockfish TAC categories, they would be

1.4 mt for Bering Sea northern rockfish

and 8.7 mt for Bering Sea shortraker/

rougheye rockfish. If these CDQ reserves

were further divided among the six CDQ

groups, the northern rockfish CDQ

amounts available to each group would

be between 100 kg and 325 kg. NMFS

recommends not splitting out the CDQ

reserves to the individual species group

because these small quotas could

prevent the CDQ groups from harvesting

much of their other groundfish CDQs.

Therefore, to avoid premature closure of

the CDQ fisheries, NMFS will continue

to specify the CDQ reserve for the

Bering Sea ‘‘other red rockfish’’

complex. The CDQ reserve for this

complex will be calculated as the sum

of an amount equal to 7.5 percent of the

TAC for Bering Sea shortraker/rougheye

plus 7.5 percent of the TAC for northern

rockfish, for a total of 10 mt to the CDQ

reserve for the ‘‘other red rockfish’’

complex.

None of the Council’s recommended

TACs for 2002 exceeds the final ABC for

any species category. NMFS finds that

the Council’s recommended TACs are

consistent with the biological condition

of groundfish stocks as described in the

2002 SAFE document and approves

them with the exception of the ‘‘other

red rockfish’’ complex. NMFS has

modified the Council’s TAC

recommendations for this complex as

described above to accommodate

monitoring and reporting constraints.

For 2002, the Plan Team

recommended and the AP, SSC, and

NMFS agreed to separate Alaska plaice

from the ‘‘other flatfish’’ category.

Because 85 percent of the ‘‘other

flatfish’’ category is Alaska plaice and

the ABC and OFL are calculated

separately for Alaska plaice and the

remaining ‘‘other flatfish’’ species, the

Plan Team recommended setting the

972 Federal Register / Vol. 67, No. 5 / Tuesday, January 8, 2002 / Rules and Regulations

ABC and OFL for Alaska plaice

separately from the ‘‘other flatfish’’

species.

Table 3 lists the 2002 OFL, ABC, TAC,

initial TAC (ITAC) which is the TAC

minus the reserves, and CDQ reserve

amounts, overfishing levels, and initial

apportionments of groundfish in the

BSAI. The apportionment of TAC

amounts among fisheries and seasons is

discussed below.

TABLE 3.—2002 ACCEPTABLE BIOLOGICAL CATCH (ABC), TOTAL ALLOWABLE CATCH (TAC), INITIAL TAC (ITAC), CDQ

RESERVE ALLOCATION, AND OVERFISHING LEVELS OF GROUNDFISH IN THE BERING SEA AND ALEUTIAN ISLANDS AREA

(BSAI) 1

[All amounts are in metric tons]

Species Area Overfishing

level ABC TAC ITAC 2 CDQ reserve 3

Pollock 4 ........................................ Bering Sea (BS) ........................... 3,530,000 2,110,000 1,485,000 1,283,040 148,500

Aleutian Islands (AI) ..................... 31,700 23,800 1,000 900 100

Bogoslof District ............................ 46,400 4,310 100 90 10

Pacific cod .................................... BSAI .............................................. 294,000 223,000 200,000 170,000 15,000

Sablefish 5 ..................................... BS ................................................. 2,900 1,930 1,930 821 265

AI .................................................. 3,850 2,550 2,550 541 431

Atka mackerel ............................... BSAI .............................................. 82,300 49,000 49,000 41,650 3,675

Western AI .................................... 19,700 19,700 16,745 1,478

Central AI ...................................... 23,800 23,800 20,230 1,785

Eastern AI/BS ............................... 5,500 5,500 4,675 413

Yellowfin sole ................................ BSAI .............................................. 136,000 115,000 86,000 73,100 6,450

Rock sole ...................................... BSAI .............................................. 268,000 225,000 54,000 45,900 4,050

Greenland turbot ........................... BSAI .............................................. 36,500 8,100 8,000 6,800 600

BS ................................................. 5,427 5,360 4,556 402

AI .................................................. 2,673 2,640 2,244 198

Arrowtooth flounder ...................... BSAI .............................................. 137,000 113,000 16,000 13,600 1,200

Flathead sole ................................ BSAI .............................................. 101,000 82,600 25,000 21,250 1,875

Other flatfish 6 ............................... BSAI .............................................. 21,800 18,100 3,000 2,550 225

Alaska plaice ................................ BSAI .............................................. 172,000 143,000 12,000 10,200 900

Pacific ocean perch ...................... BSAI .............................................. 17,500 14,800 14,800 12,580 1,111

BS ................................................. 2,620 2,620 2,227 197

AI Total ......................................... 12,180 12,180 10,353 914

Western AI .................................... 5,660 5,660 4,811 425

Central AI ...................................... 3,060 3,060 2,601 230

Eastern AI ..................................... 3,460 3,460 2,941 260

Northern rockfish 7 ........................ BSAI .............................................. 9,020 6,760 6,760 5,746

BS ................................................. 19 16 (7)

AI .................................................. 6,741 5,730 506

Shortraker/Rougheye 7 ................. BSAI .............................................. 1,369 1,028 1,028 874

BS ................................................. 116 99 (7)

AI .................................................. 912 775 68

Other rockfish 8 ............................. BS ................................................. 482 361 361 307 27

AI .................................................. 901 676 676 575 51

Squid ............................................. BSAI .............................................. 2,620 1,970 1,970 1,675

Other species 9 ............................. BSAI .............................................. 78,900 39,100 30,825 26,201 2,312

Total ....................................... .................................................. 4,974,242 3,184,085 2,000,000 1,717,399 187,504

1Amounts are in metric tons. These amounts apply to the entire Bering Sea (BS) and Aleutian Islands (AI) management area unless otherwise

specified. With the exception of pollock, and for the purpose of these specifications, the Bering Sea subarea includes the Bogoslof District. 2Except for pollock, squid, and the portion of the sablefish TAC allocated to hook-and-line or pot gear, 15 percent of each TAC is put into a reserve. The ITAC for each species is the remainder of the TAC after the subtraction of the reserve. 3Except for pollock and the hook-and-line or pot gear allocation of sablefish, one half of the amount of the TACs placed in reserve, or 7.5 percent of the TACs, is designated as a CDQ reserve for use by CDQ participants (see § 679.31). 4The American Fisheries Act (AFA) requires that 10 percent of the annual pollock TAC be allocated as a directed fishing allowance for the

CDQ sector. NMFS then subtracts 4 percent of the remainder as an incidental catch allowance of pollock, which is not apportioned by season or

area. The remainder is further allocated by sector as follows: inshore, 50 percent; catcher/processor, 40 percent; and motherships, 10 percent.

NMFS, under regulations at § 679.24(b)(4), prohibits nonpelagic trawl gear to engage in directed fishing for non-CDQ pollock in the BSAI. 5The ITAC for sablefish reflected in Table 3 is for trawl gear only. Regulations at § 679.20(b)(1) do not provide for the establishment of an

ITAC for the hook-and-line or pot gear allocation for sablefish. Twenty percent of the sablefish TAC allocated to hook-and-line gear or pot gear

and 7.5 percent of the sablefish TAC allocated to trawl gear is reserved for use by CDQ participants (see § 679.31(c)). 6 ‘‘Other flatfish’’ includes all flatfish species, except for Pacific halibut (a prohibited species), flathead sole, Greenland turbot, rock sole, yellowfin sole, arrowtooth flounder, and Alaska Plaice. 7The CDQ reserves for shortraker, rougheye, and northern rockfish will continue to be managed as the ‘‘other red rockfish’’ complex for the

BS. For 2002 the CDQ reserve for the ‘‘other red rockfish’’ complex is 10 mt. 8 ‘‘Other rockfish’’ includes all Sebastes and Sebastolobus species except for Pacific ocean perch, northern, shortraker, and rougheye rockfish. 9 ‘‘Other species’’ includes sculpins, sharks, skates and octopus. Forage fish, as defined at § 679.2, are not included in the ‘‘other species’’

category.

Federal Register / Vol. 67, No. 5 / Tuesday, January 8, 2002 / Rules and Regulations 973

Reserves and the Pollock Incidental

Catch Allowance (ICA)

Regulations at § 679.20(b)(1)(i) require

that 15 percent of the TAC for each

target species or species group, except

for the hook-and-line and pot gear

allocation of sablefish, be placed in a

non-specified reserve. The AFA

supersedes this provision for pollock by

requiring that the 2002 TAC for this

species be fully allocated among the

CDQ program, the ICA, inshore, catcher/

processor, and mothership directed

fishery allowances.

Regulations at § 679.20(b)(1)(iii)

require that one-half of each TAC

amount placed in the non-specified

reserve, with the exception of squid, be

allocated to the groundfish CDQ reserve

and that 20 percent of the hook-and-line

and pot gear allocation of sablefish be

allocated to the fixed gear sablefish CDQ

reserve. Section 206(a) of the AFA

requires that 10 percent of the pollock

TAC be allocated to the pollock CDQ

reserve. With the exception of the hookand-line and pot gear sablefish CDQ

reserve, the regulations do not further

apportion the CDQ reserves by gear.

Regulations at § 679.21(e)(1)(i) also

require that 7.5 percent of each PSC

limit, with the exception of herring, be

withheld as a prohibited species quota

(PSQ) reserve for the CDQ fisheries.

Regulations governing the management

of the CDQ and PSQ reserves are set

forth at §§ 679.30 and 679.31.

Under section 206(b) of the AFA,

NMFS allocates a pollock ICA of 4

percent of the pollock TAC after

subtraction of the 10 percent CDQ

reserve. This is unchanged from the 4

percent ICA specified for 2001. The

2002 allowance is based on an

examination of the incidental catch of

pollock in non-pollock target fisheries

from 1997 through 2001. During this 4-

year period, the incidental catch of

pollock ranged from a low of 3 percent

in 1998 to a high of about 6 percent in

1997, with a 4-year average of 4 percent.

In 2001, the actual incidental catch was

only 3 percent of the TAC which

resulted in 12,000 mt of pollock

reallocated to the directed fishing

allowance for non-CDQ fisheries in the

fall (66 FR 49146, September 26, 2001).

Based on this experience, NMFS

believes that a 2002 ICA of 4 percent is

appropriate, because the biomass has

increased for 2002 to 2.1 million tons

and there is the potential for increased

bycatch of pollock in other groundfish

fisheries.

The regulations do not designate the

remainder of the non-specified reserve

by species or species group, and any

amount of the reserve may be

reapportioned to a target species or to

the ‘‘other species’’ category during the

year, providing that such

reapportionments do not result in

overfishing. The Regional Administrator

has determined that the ITACs specified

for the species listed in Table 4 need to

be supplemented from the non-specified

reserve because U.S. fishing vessels

have demonstrated the capacity to

harvest the full TAC allocations.

Therefore, in accordance with

§ 679.20(b)(3), NMFS is apportioning

the amounts shown in Table 4 from the

non-specified reserve to increase the

ITAC to an amount that is equal to TAC

minus the CDQ reserve.

TABLE 4.—APPORTIONMENT OF RESERVES TO ITAC CATEGORIES

[All amounts are in metric tons]

Species—area or subarea Reserve

amount Final ITAC

Atka mackerel—Western Aleutian District ............................................................................................................... 1,478 18,223

Atka mackerel—Central Aleutian District ................................................................................................................ 1,785 22,015

Atka mackerel—Eastern Aleutian District and Bering Sea subarea ....................................................................... 413 5,088

Pacific ocean perch—Western Aleutian District ...................................................................................................... 425 5,236

Pacific ocean perch—Central Aleutian District ........................................................................................................ 230 2,831

Pacific ocean perch—Eastern Aleutian District ....................................................................................................... 260 3,201

Pacific cod—BSAI .................................................................................................................................................... 15,000 185,000

Northern rockfish—Aleutian Islands subarea .......................................................................................................... 506 6,236

Shortraker/Rougheye rockfish—Aleutian Islands subarea ...................................................................................... 68 843

Greenland turbot—Bering Sea subarea .................................................................................................................. 402 4,958

Greenland turbot—Aleutian Islands subarea .......................................................................................................... 198 2,442

Total .................................................................................................................................................................. 20,765 256,076

Pollock Allocations Under the AFA

Section 206(a) of the AFA requires the

allocation of 10 percent of the BSAI

pollock TAC as a directed fishing

allowance to the CDQ program. The

remainder of the BSAI pollock TAC,

after the subtraction of an allowance for

the incidental catch of pollock by

vessels, including CDQ vessels,

harvesting other groundfish species,

must be allocated as follows: 50 percent

to catcher vessels harvesting pollock for

processing by the inshore component,

40 percent to catcher/processors and

catcher vessels harvesting pollock for

processing by catcher/processors in the

offshore component, and 10 percent to

catcher vessels harvesting pollock for

processing by motherships in the

offshore component. These amounts are

listed in Table 5.

The AFA also contains several

specific requirements concerning

pollock and pollock allocations. First,

paragraph 210(c) of the AFA requires

that not less than 8.5 percent of the

pollock allocated to vessels for

processing by offshore catcher/

processors be available for harvest by

offshore catcher vessels listed in section

208(b) harvesting pollock for processing

by offshore catcher/processors listed in

paragraph 208(e). Second, paragraph

208(e)(21) of the AFA specifies that

catcher/processors eligible to fish for

pollock under such paragraph are

prohibited from harvesting in the

aggregate a total of more than one-half

of a percent (0.5 percent) of the pollock

allocated to vessels for processing by

offshore catcher/processors. Third,

paragraph 210(e)(1) of the AFA specifies

that no particular individual,

corporation, or other entity may harvest,

through a fishery cooperative or

otherwise, a total of more than 17.5

percent of the pollock available to be

harvested in the directed pollock

fishery. Other provisions of the AFA,

including inshore pollock cooperative

allocations and AFA harvest limitations

are discussed later in this section. Table

5 lists the 2001 allocations of pollock

TAC as described by the AFA.

974 Federal Register / Vol. 67, No. 5 / Tuesday, January 8, 2002 / Rules and Regulations

SCA Harvest Limits

The harvest within the SCA, as

defined at § 679.22(a)(11), is limited to

28 percent of the annual directed fishing

allowance (DFA) until April 1. The

remaining 12 percent of the annual DFA

allocated to the A season may be taken

outside of the SCA before April 1 or

inside the SCA after April 1. If the 28

percent of the annual DFA is not taken

inside the SCA before April 1, the

remainder is available to be taken inside

the SCA after April 1. The A season

pollock SCA harvest limit will be

apportioned to each industry sector in

proportion to each sector’s allocated

percentage of the DFA as set forth in the

AFA. These amounts, by sector, are

listed in Table 5.

TABLE 5.—ALLOCATIONS OF THE POLLOCK TAC AND DIRECTED FISHING ALLOWANCE (DFA) TO THE INSHORE, CATCHER/

PROCESSOR, MOTHERSHIP, AND CDQ COMPONENTS 1

[All amounts are in metric tons]

Area and sector 2002 DFA

A Season 1 B Season 1,2

A DFA

(40% of annual DFA)SCA limit 3

B DFA

(60% of annual DFA)

Bering Sea subarea ......................................................................................... 1,485,000 594,000 ........................ 891,000

CDQ .......................................................................................................... 148,500 59,400 41,580 89,100

ICA4 .......................................................................................................... 53,460 ........................ ........................ ........................

AFA Inshore .............................................................................................. 641,520 256,608 179,626 384,912

AFA C/Ps 5 ................................................................................................ 513,216 205,286 143,700 307,930

Catch by C/Ps ................................................................................... 469,593 187,837 ........................ 281,756

Catch by CVs 5 .................................................................................. 43,623 17,449 ........................ 26,174

Restricted C/P cap 6 ................................................................... 2,566 1,026 ........................ 1,540

AFA Motherships ...................................................................................... 128,304 51,322 35,925 76,982

Excessive shares cap 7 ............................................................................. 224,532 ........................ ........................ ........................

Aleutian Islands:

ICA8 .......................................................................................................... 900

Bogoslof District:

ICA8 .......................................................................................................... 90

1After subtraction for the CDQ reserve and the incidental catch allowance, the pollock TAC is allocated as a DFA as follows: inshore component—50 percent, catcher/processor component—40 percent, and mothership component—10 percent. Under paragraph 206(a) of the AFA, the

CDQ reserve for pollock is 10 percent. NMFS, under regulations at § 679.24(b)(4), prohibits nonpelagic trawl gear to engage in directed fishing

for non-CDQ pollock in the BSAI. The A season, January 20—June 10, is allocated 40 percent of the DFA and the B season, June 10—November 1 is allocated 60 percent of the DFA. 2This emergency interim rule expires on July 8, 2002, before the B season will conclude. Therefore, the B season is not fully authorized unless the emergency interim rule is extended. 3The SCA limits harvest to 28 percent of each sectors annual DFA until April 1. The remaining 12 percent of the annual DFA allocated to the

A season may be taken outside of the SCA before April 1 or inside the SCA after April 1. If the 28 percent of the annual DFA is not taken inside

the SCA before April 1, the remainder is available to be taken inside the SCA after April 1. 4The pollock incidental catch allowance for the BS subarea is 4 percent of the TAC after subtraction of the CDQ reserve.

5Subsection 210(c) of the AFA requires that not less than 8.5 percent of the directed fishing allowance allocated to listed catcher/processors

(C/Ps) shall be available for harvest only by eligible catcher vessels (CVs) delivering to listed catcher/processors. 6The AFA requires that vessels described in section 208(e)(21) be prohibited from exceeding a harvest amount of one-half of one percent of

the directed fishing allowance allocated to vessels for processing by AFA catcher/processors. 7Paragraph 210(e)(1) of the AFA specifies that ‘‘No particular individual, corporation, or other entity may harvest, through a fishery cooperative

or otherwise, a total of more than 17.5 percent of the pollock available to be harvested in the directed pollock fishery.’’ 8 Consistent with the Steller sea lion protection measures, the Aleutian Islands subarea and the Bogoslof District are closed to directed fishing

for pollock. The amounts specified are for incidental catch amounts only, and are not apportioned by season or sector.

Allocation of the Atka Mackerel TAC

Regulations implementing Steller sea

lion protection measures at

§ 679.20(a)(8)(ii) apportion the Atka

mackerel ITAC into two equal seasonal

allowances. After subtraction of the jig

gear allocation, the first allowance is

made available for directed fishing from

January 1 to April 15 (A season), and the

second seasonal allowance is made

available from September 1 to

November 1 (B season) (Table 6). Under

§ 679.20(a)(8)(ii)(C)(1), the Regional

Administrator will establish a harvest

limit area (HLA) limit of no more than

60 percent of the seasonal TAC for the

Western and Central Aleutian Districts.

Pacific cod harvest by trawl gear in the

Aleutian Islands HLA in 542 and 543,

west of 178° W long. is prohibited

during the Atka mackerel HLA directed

fisheries. Atka mackerel fishing is

prohibited in critical habitat east of 178°

W long. to provide maximum protection

to Steller sea lions and because Atka

mackerel is readily available in waters

outside of critical habitat.

Under § 679.20(a)(8)(i), up to 2

percent of the Eastern Aleutian District

and the Bering Sea subarea Atka

mackerel ITAC may be allocated to the

jig gear fleet. The Council determines

the amount of this allocation annually,

based on several criteria including the

anticipated harvest capacity of the jig

gear fleet. In December 2001, the

Council recommended that 1 percent of

the Atka mackerel TAC in the Eastern

Aleutian District and Bering Sea subarea

be allocated to the jig gear fleet based on

historic harvest capacity of the fleet.

NMFS finds that this is consistent with

the status of the stock and with the

regulatory framework stated above.

Based on an ITAC of 5,088 mt, the jig

gear allocation is 51 mt.

A platoon system to reduce the

amount of daily catch in critical habitat

by about half and to disperse the fishery

over two areas is discussed in the Steller

sea lion protection measures part of this

emergency interim rule and found in the

regulations at § 679.20(a)(8)(iii).

Federal Register / Vol. 67, No. 5 / Tuesday, January 8, 2002 / Rules and Regulations 975

TABLE 6.—SEASONAL AND SPATIAL APPORTIONMENTS, GEAR SHARES, AND CDQ RESERVE OF THE BSAI ATKA

MACKEREL TAC

(All amounts are in metric tons)

Subarea and component TAC CDQ reserve ITAC 1

Seasonal appointment 2

A Season 3 B Season 4

Total HLA Limit 5 Total HLA Limit 5

Western Aleutian District (543) ................ 19,700 1,478 18,223 9,111 5,467 9,111 5,467

Central Aleutian District (542) .................. 23,800 1,785 22,015 11,008 6,605 11,008 6,605

Eastern AI/BS subarea 6 .......................... 5,500 413 5,088 .................... .................... .................... ....................

Jig (1%) 7 .......................................... .................... .................... 51 .................... .................... .................... ....................

Other gear (99%) .............................. .................... .................... 5,037 2,518 .................... 2,518 ....................

Total ........................................... 49,000 3,676 45,326 22,637 .................... 22,637 ....................

1The reserves have been released for Atka mackerel (See Table 4).

2The seasonal apportionment of Atka mackerel is 50 percent in the A season and 50 percent in the B season.

3The A season is January 1 through noon April 15.

4The B season is September 1 through noon November 1.

5 HLA limit refers to the amount of each seasonal allowance that is available for fishing inside the HLA (§ 679.2). In 2002, 60 percent of each

seasonal allowance is available for fishing inside the HLA in the Western and Central AI. Pacific cod harvest by trawl gear in the Aleutian Islands

HLA in 542 and 543, west of 178°W long. is prohibited during the Atka mackerel HLA directed fisheries. 6Eastern Aleutian Islands District and Bering Sea subarea.

7 Regulations at § 679.20(a)(8) require that up to 2 percent of the Eastern AI/BS area ITAC be allocated to the jig gear fleet. The amount of

this allocation is 1 percent and was determined by the Council based on anticipated harvest capacity of the jig gear fleet. The jig gear allocation

is not apportioned by season.

Allocation of the Pacific Cod TAC

Under § 679.20(a)(7), 2 percent of the

Pacific cod ITAC is allocated to vessels

using jig gear, 51 percent to vessels

using hook-and-line or pot gear, and 47

percent to vessels using trawl gear.

Under § 679.20(a)(7)(i)(B), the portion of

the Pacific cod TAC allocated to trawl

gear is further allocated 50 percent to

catcher vessels and 50 percent to

catcher/processors. Under regulations at

§ 679.20(a)(7)(i)(C)(1), a portion of the

Pacific cod allocated to hook-and-line or

pot gear is set aside as an ICA of Pacific

cod in directed fisheries for groundfish

other than Pacific cod by vessels using

these gear types. Based on anticipated

bycatch in these fisheries, the Council

proposed an ICA of 500 mt. The

remainder of Pacific cod is further

allocated to vessels using hook-and-line

or pot gear as the following directed

fishing allowances: 80 percent to hookand-line catcher/processor vessels, 0.3

percent to hook-and-line catcher

vessels, 18.3 percent to pot gear vessels,

and 1.4 percent to catcher vessels less

than 60 feet (18.3 m) LOA using hookand-line or pot gear.

Due to concerns about the potential

impact of the Pacific cod fishery on

Steller sea lions and their critical

habitat, NMFS is implementing under

this emergency interim rule temporal

dispersion of fishing effort in the Pacific

cod fisheries by apportioning the Pacific

cod ITAC into two seasonal allowances.

For most non-trawl gear the first

allowance, 60 percent of the ITAC, is

made available for directed fishing from

January 1 to June 10, and the second

seasonal allowance, 40 percent of the

ITAC, is made available from June 10 to

December 31. No seasonal harvest

constraints are imposed for the Pacific

cod fishery by catcher vessels less than

60 feet (18.3 m) LOA using hook-andline or pot gear. For trawl gear the first

season is January 20 to April 1, and 60

percent of the TAC is allocated to the

first season. The second season, April 1

to June 10, and third season, June 10 to

November 1, are each allocated 20

percent of the TAC. The trawl catcher

vessels’ allocation is further allocated as

70 percent in the first season, 10 percent

in the second season and 20 percent in

the third season. The trawl catcher/

processors’ allocation is allocated 50

percent in the first season, 30 percent in

the second season, and 20 percent in the

third season. Table 7 lists the 2002

allocations and seasonal

apportionments of the Pacific cod ITAC.

TABLE 7.—2001 GEAR SHARES AND SEASONAL APPORTIONMENTS OF THE BSAI PACIFIC COD TAC

Gear sector Percent

Share of

gear sector

total (mt)

Subtotal

percentages

for gear

sectors

Share of

gear sector

total (mt)

Seasonal apportionment 2

Date Amount (mt)

Total hook-and-line and pot gear

allocation of Pacific cod TAC.

51 94,350 .................... .................... ....................................................... ....................

Incidental Catch Allowance .......... .................... .................... .................... 500 ....................................................... ....................

Processor and Vessel subtotal ..... .................... 93,850 .................... .................... ....................................................... ....................

Hook-and-line Catcher Processors .................... .................... 80 75,080 Jan 1–Jun 10 ................................

Jun 10–Dec 31 .............................

45,048

30,032

Hook-and-line Catcher Vessels .... .................... .................... 0.3 282 Jan 1–Jun 10 ................................

Jun 10–Dec 31 .............................

169

113

Pot Gear Vessels ......................... .................... .................... 18.3 17,175 Jan 1–Jun 10 ................................

Sep 1–Dec 31 ...............................

10,305

6,870

Catcher Vessels <60 feet LOA

using Hook-and-line or Pot gear.

.................... .................... 1.4 1,314 Jan 1–Dec 31 ............................... 1,314

Trawl gear Total ........................... 47 86,950 .................... .................... ....................................................... ....................

976 Federal Register / Vol. 67, No. 5 / Tuesday, January 8, 2002 / Rules and Regulations

TABLE 7.—2001 GEAR SHARES AND SEASONAL APPORTIONMENTS OF THE BSAI PACIFIC COD TAC—Continued

Gear sector Percent

Share of

gear sector

total (mt)

Subtotal

percentages

for gear

sectors

Share of

gear sector

total (mt)

Seasonal apportionment 2

Date Amount (mt)

Trawl Catcher Vessel ................... .................... .................... 50 43,475 Jan 1–Apr 1 ..................................

Apr 1–Jun 10 ................................

Jun 10–Nov 1 ...............................

30,433

4,348

8,695

Trawl Catcher Processor .............. .................... .................... 50 43,475 Jan 1–Apr 1 ..................................

Apr 1–Jun 10 ................................

Jun 10–Nov 1 ...............................

21,738

13,043

8,695

Jig ................................................. 2 3,700 .................... .................... Jan 1–Jun 10 ................................

Jun 10–Dec 31 .............................

2,220

1,480

Total ....................................... 100 185,000 .................... .................... ....................................................... ....................

1The reserve has been released for Pacific cod (See Table 4).

2For non-trawl gear the first season is allocated 60 percent of the TAC and the second season is allocated 40 percent of the TAC. No seasonal harvest constraints are imposed for the Pacific cod fishery by catcher vessels less than 60 feet (18.3 m) LOA using hook-and-line or pot

gear. For trawl gear, the first season is allocated 60 percent of the TAC and the second and third seasons are each allocated 20 percent of the

TAC. The trawl catcher vessels’ allocation is further allocated as 70 percent in the first season, 10 percent in the second season and 20 percent

in the third season. The trawl catcher/processors’ allocation is allocated 50 percent in the first season, 30 percent in the second season and 20

percent in the third season. Any unused portion a seasonal Pacific cod allowance will be reapportioned to the next seasonal allowance.

Allocation of the Shortraker and

Rougheye Rockfish TAC

Under § 679.20(a)(9), the ITAC of

shortraker rockfish and rougheye

rockfish specified for the Aleutian

Islands subarea is allocated 30 percent

to vessels using non-trawl gear and 70

percent to vessels using trawl gear.

Based on a 2002 ITAC of 844 mt, the

trawl allocation is 591 mt and the nontrawl allocation is 253 mt.

Sablefish Gear Allocation

Regulations at § 679.20(a)(4)(iii) and

(iv) require that sablefish TACs for the

BS and AI subareas be allocated

between trawl and hook-and-line or pot

gear. Gear allocations of TACs for the

Bering Sea subarea are 50 percent for

trawl gear and 50 percent for hook-andline or pot gear and for the Aleutian

Islands subarea are 25 percent for trawl

gear and 75 percent for hook-and-line or

pot gear. Regulations at

§ 679.20(b)(1)(iii)(B) require that 20

percent of the hook-and-line and pot

gear allocation of sablefish be reserved

as sablefish CDQ. Additionally,

regulations at § 679.20(b)(1)(iii)(A)

require that 7.5 percent of the trawl gear

allocation of sablefish (one half of the

reserve) be reserved as groundfish CDQ.

Gear allocations of the sablefish TAC

and CDQ reserve amounts are specified

in Table 8.

TABLE 8.—GEAR SHARES AND CDQ RESERVE OF BSAI SABLEFISH TAC

[All amounts are in metric tons]

Subarea and Gear Percent of

TAC

Share of

TAC ITAC 1 CDQ Reserve

Bering Sea

Trawl 2 ....................................................................................................................... 50 965 821 72

Hook-&-line/pot gear 3 ...................................................................................................... 50 965 N/A 193

Total ................................................................................................................... 100 1,930 821 265

Aleutian Islands:

Trawl 2 ....................................................................................................................... 25 637 541 48

Hook-&-line/pot gear 3 ............................................................................................... 75 1,913 N/A 383

Total ................................................................................................................... 100 2,550 541 431

1Except for the sablefish hook-and-line and pot gear allocation, 15 percent of TAC is apportioned to the reserve. The ITAC is the remainder of

the TAC after the subtraction of these reserves. 2For the portion of the sablefish TAC allocated to vessels using trawl gear, one half of the reserve (7.5 percent of the specified TAC) is reserved for the multi-species CDQ program. 3For the portion of the sablefish TAC allocated to vessels using hook-and-line or pot gear, 20 percent of the allocated TAC is reserved for use

by CDQ participants. Regulations in § 679.20(b)(1) do not provide for the establishment of an ITAC for sablefish allocated to hook-and-line or pot

gear.

Allocation of Prohibited Species Catch

(PSC) Limits for Halibut, Crab, Salmon,

and Herring

PSC limits for halibut are set in

regulations at § 679.21(e). For the BSAI

trawl fisheries, the limit is 3,675 mt

mortality of Pacific halibut. For nontrawl fisheries, the limit is 900 mt

mortality. PSC limits for crab and

herring are specified annually based on

abundance and spawning biomass.

Regulations at § 679.21(e)(1)(vii) specify

a scheduled reduction of Chinook

salmon PSC limits until the final limit

is reached in 2004. In 2002, the chinook

salmon PSC limit for the pollock fishery

is 37,000 fish.

The criteria for determining the PSC

limits for red king crab in Zone 1 are set

forth at § 679.21(e)(1)(ii). For 2002, the

PSC limit of red king crab in Zone 1 for

trawl vessels is 97,000 animals. The

number of mature female red king crab

Federal Register / Vol. 67, No. 5 / Tuesday, January 8, 2002 / Rules and Regulations 977

is estimated in 2002 to be above the

threshold of 8.4 million animals, and

the effective spawning biomass is

greater than 14.5 million lb (6,577 mt)

but less than 55 million lb (24,948 mt).

Based on the criteria set out at

§ 679.21(e)(1)(ii)(B), the limit is 97,000

animals.

The criteria for determining the PSC

limits for C. bairdi crabs are set forth in

§ 679.21(e)(1)(iii). The 2002 C. bairdi

PSC limit for trawl gear is 980,000

animals in Zone 1 and 2,970,000

animals in Zone 2. These limits are

based on the C. bairdi abundance of 624

million crab from 2001 survey data

because the abundance is over 400

million crabs.

Under § 679.21(e)(1)(iv), the PSC limit

for C. opilio is based on total abundance

as indicated by the NMFS annual

bottom trawl survey. The C. opilio PSC

limit is set at 0.1133 percent of the

Bering Sea abundance index. Based on

the 2001 survey estimate of 3.86 billion

animals, the calculated limit would be

4,373,380 animals. Because this limit is

less than 4.5 million, under

§ 679.21(e)(1)(iv)(B), the 2002 C. opilio

PSC limit is 4,350,000 animals.

Under § 679.21(e)(1)(vi), the PSC limit

of Pacific herring caught while

conducting any trawl operation for

groundfish in the BSAI is 1 percent of

the annual eastern Bering Sea herring

biomass. NMFS’ estimate of 2002

herring biomass is 152,574 mt. This

amount was derived using 2001 survey

data and an age-structured biomass

projection model developed by the

Alaska Department of Fish and Game

(ADF&G). Therefore, the herring PSC

limit for 2002 is 1,526 mt.

Under § 679.21(e)(1)(i), 7.5 percent of

each PSC limit specified for crab and

halibut is reserved as a PSQ reserve for

use by the groundfish CDQ program.

Regulations at § 679.21(e)(3) require the

apportionment of each trawl PSC limit

into PSC bycatch allowances for seven

specified fishery categories. Regulations

at § 679.21(e)(4)(ii) authorize the

apportionment of the non-trawl halibut

PSC limit among five fishery categories.

The fishery bycatch allowances for the

trawl and non-trawl fisheries are listed

in Table 9. These amounts are

unchanged from those recommended by

the Council at its December 2001

meeting.

Regulations at § 679.21(e)(3)(ii)(B)

establish criteria under which NMFS

must specify an annual red king crab

bycatch limit for the Red King Crab

Savings Subarea (RKCSS). The

regulations limit the RKCSS to 35

percent of the trawl bycatch allowance

specified for the rock sole/flathead sole/

‘‘other flatfish’’ fishery category and

must be based on the need to optimize

the groundfish harvest relative to red

king crab bycatch. The Council

recommended and NMFS approves a

red king crab bycatch limit equal to 35

percent of the trawl bycatch allowance

specified for the flatfish fishery within

the RKCSS in order to maximize harvest

of groundfish relative to red king crab

bycatch.

Regulations at § 679.21(e)(4)(ii)

authorize exemption of specified nontrawl fisheries from the halibut PSC

limit. As in past years, NMFS, after

consultation with the Council, is

exempting pot gear, jig gear, and the

sablefish IFQ hook-and-line gear fishery

categories from halibut bycatch

restrictions because these fisheries use

selective gear types that take few halibut

compared to other gear types such as

nonpelagic trawl. In 2001, total

groundfish catch for the pot gear fishery

in the BSAI was approximately 16,655

mt with an associated halibut bycatch

mortality of about 5 mt. The 2001

groundfish jig gear fishery harvested

about 74 mt of groundfish. Most vessels

in the jig gear fleet are less than 60 ft

(18.3 m) LOA and are exempt from

observer coverage requirements. As a

result, observer data are not available on

halibut bycatch in the jig gear fishery.

However, NMFS assumes a negligible

amount of halibut bycatch mortality

because of the selective nature of this

gear type and the likelihood that halibut

caught with jig gear have a high survival

rate when released.

As in past years, the Council

recommended that the sablefish IFQ

fishery be exempt from halibut bycatch

restrictions because of the sablefish and

halibut IFQ program (subpart D of 50

CFR part 679). The sablefish IFQ

program requires legal-sized halibut to

be retained by vessels using hook-andline gear if a halibut IFQ permit holder

is aboard and is holding unused halibut

IFQ. This action results in less halibut

discard in the sablefish fishery. In 1995,

about 36 mt of halibut discard mortality

was estimated for the sablefish IFQ

fishery. A similar estimate for 1996

through 2001 has not been calculated,

but NMFS has no information indicating

that it would be significantly different.

NMFS approves the Council’s

recommendation to exempt the hookand-line sablefish from halibut bycatch

restrictions.

Regulations at § 679.21(e)(5) authorize

NMFS, after consultation with the

Council, to establish seasonal

apportionments of PSC amounts in

order to maximize the ability of the fleet

to harvest the available groundfish TAC

and to minimize bycatch. The factors to

be considered are: (1) Seasonal

distribution of prohibited species, (2)

seasonal distribution of target

groundfish species, (3) PSC bycatch

needs on a seasonal basis relevant to

prohibited species biomass, (4) expected

variations in bycatch rates throughout

the year, (5) expected start of fishing

effort, and (6) economic effects of

seasonal PSC apportionments on

industry sectors. In December 2001, the

Council’s AP recommended seasonal

PSC apportionments in order to

maximize harvest among gear types,

fisheries, and seasons while minimizing

PSC based on the criteria above.

NMFS approves the PSC

apportionments specified in Table 9

below with one change. The AP

recommended and the Council accepted

a July 4 seasonal allocation of PSC to the

yellowfin sole, rock sole/flathead sole/

‘‘other flatfish’’ and rockfish fishery

categories. Under § 679.21(e)(5), factor

(5) expected start of fishing effort,

NMFS is changing the July 4 seasonal

allocation to a June 30 seasonal

allocation to facilitate the inseason

management of these fishery categories.

The June 30 opening will allow the

collection of the data NMFS requires to

close a fishery before the interruption of

the July 4 holiday when Federal offices

are closed.

TABLE 9.—PROHIBITED SPECIES BYCATCH ALLOWANCES FOR THE BSAI TRAWL AND NON-TRAWL FISHERIES 1

[All amounts are in metric tons]

Prohibited Species and Zone

Halibut mortality (mt)

BSAI 7

Herring (mt)

BSAI

Red King Crab

(animals) Zone

1

C. opilio (animals) COBLZ 2

C. bairdi (animals)

Zone 1 Zone 2

Trawl Fisheries

Yellowfin sole ........................................... 886 139 16,664 2,776,981 340,844 1,788,459

978 Federal Register / Vol. 67, No. 5 / Tuesday, January 8, 2002 / Rules and Regulations

TABLE 9.—PROHIBITED SPECIES BYCATCH ALLOWANCES FOR THE BSAI TRAWL AND NON-TRAWL FISHERIES 1—

Continued

[All amounts are in metric tons]

Prohibited Species and Zone

Halibut mortality (mt)

BSAI 7

Herring (mt)

BSAI

Red King Crab

(animals) Zone

1

C. opilio (animals) COBLZ 2

C. bairdi (animals)

Zone 1 Zone 2

January 20–April 1 ............................ 262 ........................ ........................ ........................ ........................ ........................

April 1–May 21 .................................. 195 ........................ ........................ ........................ ........................

May 21–June 30 ............................... 49 ........................ ........................ ........................ ........................ ........................

June 30–December 31 ..................... 380 ........................ ........................ ........................ ........................ ........................

Rock sole/flat. sole/other flatfish 3 ............ 779 20 59,782 969,130 365,320 596,154

January 20–April 1 ............................ 448 ........................ ........................ ........................ ........................ ........................

April 1–June 30 ................................. 164 ........................ ........................ ........................ ........................ ........................

June 30–December 31 ..................... 167 ........................ ........................ ........................ ........................ ........................

RKC savings subarea 3 ..................... ........................ ........................ 20,924 ........................ ........................ ........................

Turbot/sablefish/arrowtooth 4 ................... ........................ 9 ........................ 40,238 ........................ ........................

Rockfish (June 30–Dec. 31) 5 .................. 69 7 ........................ 40,237 ........................ 10,988

Pacific cod ................................................ 1,434 20 11,664 124,736 183,112 324,176

Pollock/Atka/other 6 .................................. 232 146 1,615 72,428 17,224 27,473

Midwater trawl pollock ............................. ........................ 1,184 ........................ ........................ ........................ ........................

Total Trawl PSC ........................ 3,400 1,526 89,725 4,023,750 906,500 2,747,250

Non-Trawl Fisheries

Pacific cod—Total .................................... 775 ........................ ........................ ........................ ........................ ........................

January 1–June 10 ........................... 320 ........................ ........................ ........................ ........................ ........................

June 10–August 15 ........................... 0 ........................ ........................ ........................ ........................ ........................

August 15–December 31 .................. 455 ........................ ........................ ........................ ........................ ........................

Other non-trawl—Total ............................. 58 ........................ ........................ ........................ ........................ ........................

May 1–December 31 ........................ 58 ........................ ........................ ........................ ........................ ........................

Groundfish pot & jig ................................. Exempt ........................ ........................ ........................ ........................ ........................

Sablefish hook-&-line ............................... Exempt ........................ ........................ ........................ ........................ ........................

Total Non-Trawl ......................... 833 ........................ ........................ ........................ ........................ ........................

PSQ Reserve 8 .......................... 342 ........................ 7,275 326,250 73,500 222,750

Grand Total ................................ 4,575 1,526 97,000 4,350,000 980,000 2,970,000

1 Refer to § 679.2 for definitions of areas. 2 C. opilio Bycatch Limitation Zone. Boundaries are defined at 50 CFR part 679, fig. 13. 3The Council at its December 2001 meeting limited red king crab for trawl fisheries within the RKCSS to 35 percent of the total allocation to

the rock sole/flathead sole/ ‘‘other flatfish’’ fishery category (§ 679.21(e)(3)(ii)(B)). ‘‘Other flatfish’’ for PSC monitoring includes all flatfish species,

except for Pacific halibut (a prohibited species), Greenland turbot, rock sole, yellowfin sole, arrowtooth flounder. 4Greenland turbot, arrowtooth flounder, and sablefish fishery category.

5The Council at its December 2001 meeting apportioned the rockfish PSC amounts from June 30–December 31. 6Pollock other than pelagic trawl pollock, Atka mackerel, and ‘‘other species’’ fishery category. 7Any unused halibut PSC apportionment may be rolled into the following seasonal apportionment.

8With the exception of herring, 7.5 percent of each PSC limit is allocated to the multi-species CDQ program as PSQ reserve. The PSQ reserve is not allocated by fishery, gear or season.

To monitor halibut bycatch mortality

allowances and apportionments, the

Administrator, Alaska Region, NMFS

(Regional Administrator), will use

observed halibut bycatch rates, assumed

mortality rates, and estimates of

groundfish catch to project when a

fishery’s halibut bycatch mortality

allowance or seasonal apportionment is

reached. The Regional Administrator

monitors a fishery’s halibut bycatch

mortality allowances using assumed

mortality rates that are based on the best

information available, including

information contained in the annual

SAFE reports.

The Council recommended, and

NMFS concurs, that the assumed

halibut discard mortality rates (DMRs)

developed by staff of the International

Pacific Halibut Commission (IPHC) for

the 2001 BSAI groundfish fisheries be

adopted for purposes of monitoring

halibut bycatch allowances established

for 2002 (Table 10). Results from

analysis of halibut release condition

data for 2000 showed continued

stability in halibut DMRs for many

fisheries. Plots of annual DMRs against

the 10-year mean indicated little change

since 1990 for some fisheries,

particularly the major trawl fisheries.

DMRs were more variable for the

smaller fisheries which typically take

minor amounts of halibut bycatch. For

2002, the Council adopted Preseason

Assumed DMRs, which included use of

the long-term mean DMR for a 3-year

period before revisions are proposed

except for the BSAI hook-and-line

Pacific cod fishery and CDQ fisheries,

for which the Council recommended

setting annual DMRs. The IPHC will

also continue to conduct annual

analyses of observer data and

recommend changes to the Preseason

Assumed DMR where a fishery DMR

shows large variation from the mean

and for the CDQ fisheries. For 2002, the

BSAI hook-and-line Pacific cod fishery

DMR did not change; but the CDQ

fishery DMRs were adjusted. The

justification for these mortality rates is

discussed in the final SAFE report dated

November 2001.

Federal Register / Vol. 67, No. 5 / Tuesday, January 8, 2002 / Rules and Regulations 979

TABLE 10.—ASSUMED PACIFIC HALIBUT DISCARD MORTALITY RATES

FOR THE BSAI FISHERIES

Fishery

Preseason Assumed discard

mortality

(percent)

Hook-and-line gear fisheries:

Rockfish ......................... 25

Pacific cod ..................... 12

Greenland turbot ........... 18

Sablefish ........................ 22

Other Species ................ 12

Trawl gear fisheries:

Midwater pollock ............ 84

Nonpelagic pollock ........ 76

Yellowfin sole ................ 81

Rock sole ....................... 76

Flathead sole ................. 67

Other flatfish .................. 71

Rockfish ......................... 69

Pacific cod ..................... 67

Atka mackerel ................ 75

Greenland turbot ........... 70

Sablefish ........................ 50

Other species ................ 67

Pot gear fisheries:

Pacific cod ..................... 8

Other species ................ 8

CDQ Trawl fisheries:

Atka mackerel ................ 89

Flathead sole ................. 83

Midwater pollock ............ 88

Nonpelagic pollock ........ 90

Rockfish ......................... 89

Yellowfin sole ................ 77

CDQ Hook-and-line fisheries:

Pacific cod ..................... 13

Greenland turbot ........... 14

CDQ Pot fisheries:

Pacific cod ..................... 7

Sablefish ........................ 38

Directed Fishing Closures

In accordance with § 679.20(d)(1)(i), if

the Regional Administrator determines

that any allocation or apportionment of

a target species or ‘‘other species’’

category has been or will be reached, the

Regional Administrator may establish a

directed fishing allowance for that

species or species group. If the Regional

Administrator establishes a directed

fishing allowance, and that allowance is

or will be reached before the end of the

fishing year, NMFS will prohibit

directed fishing for that species or

species group in the specified subarea or

district (§ 697.20(d)(1)(iii)). Similarly,

under § 679.21(e), if the Regional

Administrator determines that a fishery

category’s bycatch allowance of halibut,

red king crab, or C. bairdi Tanner crab

for a specified area has been reached,

the Regional Administrator will prohibit

directed fishing for each species in that

category in the specified area.

The Regional Administrator has

determined that the following remaining

allocation amounts will be necessary as

incidental catch to support other

anticipated groundfish fisheries for the

2002 fishing year:

Bogoslof District:

Pollock—90 mt

Aleutian Islands subarea:

Pollock—900 mt

Northern rockfish—6,236 mt

Shortraker/rougheye rockfish—844 mt

‘‘Other rockfish’’—575 mt

Bering Sea subarea:

Pacific ocean perch—2,227 mt

‘‘Other rockfish’’—307 mt

Northern rockfish—16 mt

Shortraker/rougheye rockfish—99 mt

Consequently, in accordance with

§ 679.20(d)(1)(i), the Regional

Administrator establishes the directed

fishing allowances for the above species

or species groups as zero.

Therefore, in accordance with

§ 679.20(d)(1)(iii), NMFS immediately is

prohibiting directed fishing for these

species in the specified areas and these

closures will remain in effect through

2400 hrs, Alaska local time (A.l.t.),

December 31, 2002, effective January 1,

2002, through July 8, 2002.

In addition, the BSAI Zone 1 annual

red king crab bycatch allowance

specified for the trawl rockfish fishery

(§ 679.21(e)(3)(iv)(D)) is 0 mt and the

BSAI first seasonal halibut bycatch

allowance specified for the trawl

rockfish fishery is 0 mt. The BSAI

annual halibut bycatch allowance

specified for the trawl Greenland turbot/

arrowtooth flounder/sablefish fishery

categories, (§ 679.21(e)(3)(iv)(C)) is 0 mt.

Therefore, in accordance with

§ 1(e)(7)(ii) and (v), NMFS is prohibiting

directed fishing for rockfish by vessels

using trawl gear in Zone 1 of the BSAI

and directed fishing for Greenland

turbot/arrowtooth flounder/sablefish by

vessels using trawl gear in the BSAI for

the entire 2002 fishing year. NMFS also

is prohibiting directed fishing for

rockfish outside Zone 1 in the BSAI

until 1200 hrs, A.l.t, June 30, 2002, due

to 0 amounts of halibut bycatch

allowance apportioned to this fishery

prior to that date.

While these closures are in effect, the

maximum retainable bycatch amounts at

§ 679.20(e) and (f) apply at any time

during a fishing trip. These closures to

directed fishing are in addition to

closures and prohibitions found in

regulations at 50 CFR part 679. Refer to

§ 679.2 for definitions of areas. In the

BSAI, ‘‘other rockfish’’ includes

Sebastes and Sebastolobus species

except for Pacific ocean perch,

shortraker, rougheye, and northern

rockfish.

BS Subarea Inshore Pollock Allocations

Under § 679.4, NMFS set out

procedures for AFA inshore catcher

vessel pollock cooperatives to apply for

and receive cooperative fishing permits

and inshore pollock allocations. NMFS

received applications from seven

inshore catcher vessel cooperatives.

Table 11 lists the pollock allocations to

the seven inshore catcher vessel pollock

cooperatives that have been approved

and permitted by NMFS for the 2002

fishing year. Allocations for

cooperatives and vessels not

participating in cooperatives are not

made for the AI subarea because the AI

subarea has been closed to directed

fishing for pollock. These allocations

may be revised based on any corrections

to AFA vessels’ catch history.

TABLE 11.—BERING SEA SUBAREA INSHORE COOPERATIVE ALLOCATIONS

Cooperative name and member vessels

Sum of member vessel’s

official catch

histories 1

Percentage of

inshore sector

allocation

(percent)

Annual co-op

allocation

Akutan Catcher Vessel Association: ALDEBARAN, ARCTIC EXPLORER, ARCTURUS, BLUE

FOX, CAPE KIWANDA, COLUMBIA, DOMINATOR, EXODUS, FLYING CLOUD, GOLDEN

DAWN, GOLDEN PISCES, HAZEL LORRAINE, INTREPID EXPLORER, LESLIE LEE,

LISA MELINDA, MAJESTY, MARCY J, MARGARET LYN, NORDIC EXPLORER, NORTHERN PATRIOT, NORTHWEST EXPLORER, PACIFIC RAM, PACIFIC VIKING, PEGASUS,

PEGGY JO, PERSEVERANCE, PREDATOR, RAVEN, ROYAL AMERICAN, SEEKER,

SOVEREIGNTY, TRAVELER, VIKING EXPLORER ............................................................... 245,527 28.085 180,169

Arctic Enterprise Association: BRISTOL EXPLORER, OCEAN EXPLORER, PACIFIC EXPLORER ................................................................................................................................... 36,807 4.210 27,009

980 Federal Register / Vol. 67, No. 5 / Tuesday, January 8, 2002 / Rules and Regulations

TABLE 11.—BERING SEA SUBAREA INSHORE COOPERATIVE ALLOCATIONS—Continued

Cooperative name and member vessels

Sum of member vessel’s

official catch

histories 1

Percentage of

inshore sector

allocation

(percent)

Annual co-op

allocation

Northern Victor Fleet Cooperative: ANITA J, COLLIER BROTHERS, COMMODORE, EXCALIBUR II, GOLDRUSH, HALF MOON BAY, MISS BERDIE, NORDIC FURY, PACIFIC

FURY, POSEIDON, ROYAL ATLANTIC, SUNSET BAY, STORM PETREL .......................... 73,656 8.425 54,049

Peter Pan Fleet Cooperative: AMBER DAWN, AMERICAN BEAUTY, ELIZABETH F, MORNING STAR, OCEAN LEADER, OCEANIC, PROVIDIAN, TOPAZ, WALTER N ...................... 18,693 2.138 13,717

Unalaska Cooperative: ALASKA ROSE, BERING ROSE, DESTINATION, GREAT PACIFIC,

MESSIAH, MORNING STAR, MS AMY, PROGRESS, SEA WOLF, VANGUARD, WESTERN DAWN .............................................................................................................................. 106,737 12.209 78,324

UniSea Fleet Cooperative: ALSEA, AMERICAN EAGLE, ARGOSY, AURIGA, AURORA, DEFENDER, GUN-MAR, NORDIC STAR, PACIFIC MONARCH, SEADAWN, STARFISH,

STARLITE ................................................................................................................................ 201,566 23.056 147,910

Westward Fleet Cooperative: A.J., ALASKAN COMMAND, ALYESKA, ARCTIC WIND,

CAITLIN ANN, CHELSEA K, DONA MARTITA, FIERCE ALLEGIANCE, HICKORY WIND,

OCEAN HOPE 3, PACIFIC KNIGHT, PACIFIC PRINCE, STARWARD, VIKING, WESTWARD I .................................................................................................................................... 189,544 21.681 139,089

Open access AFA vessels .......................................................................................................... 1,707 0.195 1,252

Total inshore allocation ........................................................................................................ 874,238 100 641,520

1 Under 679.62(e)(1) the individual catch history for each vessel is equal to the vessel’s best 2 of 3 years inshore pollock landings from 1995

through 1997 and includes landings to catcher/processors for vessels that made 500 or more mt of landings to catcher/processors from 1995

through 1997.

Under § 679.20(a)(5)(i)(C), NMFS

must subdivide the inshore pollock

allocation into allocations for

cooperatives and vessels not fishing in

a cooperative (i.e., the open access

sector). In addition, under

§ 679.22(a)(11)(vii), NMFS must

establish harvest limits inside the

Steller sea lion conservation area (SCA)

and provide a set-aside so that catcher

vessels less than or equal to 99 ft (30.2

m) LOA have the opportunity to operate

entirely within the SCA during the A

season. Accordingly, Table 12 lists the

apportionment of the BS subarea

inshore pollock allocation into

allocations for vessels fishing in a

cooperative and for vessels not

participating in a cooperative and

establishes a cooperative-sector SCA setaside for AFA catcher vessels less than

or equal to 99 ft (30.2 m) LOA. The SCA

set-aside for sector catcher vessels less

than or equal to 99 ft (30.2 m) LOA that

are not participating in a cooperative

will be established inseason based on

actual participation levels and is not

included in Table 12. These allocations

may be revised based on any corrections

to AFA vessels’ catch history.

TABLE 12.—BERING SEA SUBAREA POLLOCK ALLOCATIONS TO THE COOPERATIVE AND OPEN ACCESS SECTORS OF THE

INSHORE POLLOCK FISHERY. AMOUNTS ARE EXPRESSED IN METRIC TONS

A season TAC A season inside SCA1 B season TAC

Cooperative sector:

Vessels > 99 ft ...................................................................................................................... n/a 161,601 n/a

Vessels ≤ 99 ft ...................................................................................................................... n/a 17,675 n/a

Total .................................................................................................................................. 256,107 179,275 384,161

Open access sector ..................................................................................................................... 501 2 351 751

Total inshore ..................................................................................................................... 256,608 179,626 384,912

1Steller sea lion conservation area established at § 679.22(a)(11)(vii). The harvest limit for the SCA applies until April 1. 2SCA limitations for vessels less than or equal to 99 ft LOA that are not participating in a cooperative will be established on an inseason basis

in accordance with § 679.22(a)(11)iiiv)(C)(2) which specifies that ‘‘the Regional Administrator will prohibit directed fishing for pollock by vessels

catching pollock for processing by the inshore component greater than 99 ft (30.2 m) LOA before reaching the inshore SCA harvest limit during

the A season 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.’’

2002 Unrestricted AFA Catcher/

Processor Sideboards

Regulations at § 679.63(a) establish a

formula for setting AFA catcher/

processor sideboard limits for nonpollock groundfish and PSC in the

BSAI. The basis for these sideboard

amounts was recommended by the

Council and is described in detail in the

Emergency Interim Rule to Implement

Major Provisions of the AFA (64 FR

4520, January 28, 2000). The 2002

catcher/processor sideboards are set out

in Table 13 below.

All non-pollock groundfish that is

harvested by unrestricted AFA catcher/

processors, whether as targeted catch or

bycatch, will be deducted from the

harvest limits in Table 13. However,

non-pollock groundfish that is delivered

to listed catcher/processors by catcher

vessels will not be deducted from the

2002 harvest limits for the listed

catcher/processors.

Federal Register / Vol. 67, No. 5 / Tuesday, January 8, 2002 / Rules and Regulations 981

TABLE 13.—2002 UNRESTRICTED BSAI AFA CATCHER/PROCESSOR GROUNDFISH SIDEBOARDS

(Amounts are Expressed in Metric Tons)

Target species Area

1995–1997 2002 ITAC

available to

trawl C/Ps

2002 C/P

sideboard

Total catch Available TAC Ratio amount

Pacific cod trawl .................. BSAI ................................... 13,547 51,450 0.263 43,475 11,434

Sablefish trawl ..................... BS ....................................... 8 1,736 0.005 820 4

AI ........................................ 1 1,135 0.001 542 1

Atka mackerel ..................... Western AI ......................... 0.200

A season 1 .......................... n/a n/a 0.100 9,111 911

CH limit 2 ............................. 547

B season ............................ n/a n/a 0.100 9,111 911

CH limit ............................... 547

Central AI ........................... 0.115

A season 1 .......................... n/a n/a 0.058 11,008 633

CH limit ............................... 380

B season ............................ n/a n/a 0.058 11,008 633

CH limit ............................... 380

Yellowfin sole ...................... BSAI ................................... 123,003 527,000 0.233 73,100 17,032

Rock sole ............................ BSAI ................................... 14,753 202,107 0.073 45,900 3,351

Greenland turbot ................. BS ....................................... 168 16,911 0.010 4,958 50

AI ........................................ 31 6,839 0.005 2,442 12

Arrowtooth flounder ............. BSAI ................................... 788 36,873 0.021 13,600 286

Flathead sole ...................... BSAI ................................... 3,030 87,975 0.034 34,000 1,156

Alaska Plaice ...................... BSAI ................................... 0.034 10,200 347

Other flatfish ........................ BSAI ................................... 12,145 92,428 0.131 2,550 1,336

Pacific ocean perch ............ BS ....................................... 58 5,760 0.010 2,620 26

Western AI ......................... 356 12,440 0.029 5,236 152

Central AI ........................... 95 6,195 0.015 2,831 42

Eastern AI .......................... 112 6,265 0.018 3,201 58

Northern rockfish ................. BS ....................................... 0.078 16 1

AI ........................................ 1,034 13,254 0.078 6,236 486

Shortraker/rougheye ........... BS ....................................... 0.024 99 24

AI ........................................ 68 2,827 0.024 843 20

Other rockfish ...................... BS ....................................... 39 1,026 0.038 307 12

AI ........................................ 95 1,924 0.049 575 28

Squid ................................... BSAI ................................... 7 3,670 0.002 1,675 3

Other species ...................... BSAI ................................... 3,551 65,925 0.054 26,201 1,415

1The seasonal apportionment of Atka mackerel in the open access fishery is 50 percent in the A season and 50 percent in the B season. Unrestricted AFA catcher/processors are limited to harvesting no more than 20 and 11.5 percent of the available TAC in the Western and Central AI

subareas respectively. Unrestricted AFA catcher/processors are prohibited from harvesting Atka mackerel in the Eastern Aleutian Islands District

and Bering Sea subarea (paragraph 211(b)(2)(C)). 2 Critical habitat (CH) allowance refers to the amount of each seasonal allowance that is available for fishing inside critical habitat (50 CFR part

679 Table 21). In 2002, the percentage of TAC available for fishing inside critical habitat area is 60 percent in the Western and Central AI.

Regulations at § 679.63(a)(2) establish

a formula for PSC sideboards for

unrestricted AFA catcher/processors.

These amounts are equivalent to the

percentage of prohibited species bycatch

limits harvested in the non-pollock

groundfish fisheries by the AFA

catcher/processors listed in subsection

208(e) and section 209 of the AFA from

1995 through 1997. Prohibited species

amounts harvested by these catcher/

processors in BSAI non-pollock

groundfish fisheries from 1995 through

1997 are shown in Table 14. These data

were used to calculate the relative

amount of prohibited species catch

limits harvested by pollock catcher/

processors, which were then used to

determine the prohibited species

harvest limits for unrestricted AFA

catcher/processors in the 2002 nonpollock groundfish fisheries.

PSC that is caught by unrestricted

AFA catcher/processors participating in

any non-pollock groundfish fishery

listed in Table 13 shall accrue against

the 2002 PSC limits for the listed

catcher/processors. Regulations at

§ 679.21(e)(3)(v) provide authority to

close directed fishing for non-pollock

groundfish for unrestricted AFA

catcher/processors once a 2002 PSC

limitation listed in Table 14 is reached.

Crab or halibut PSC that is caught by

unrestricted AFA catcher/processors

while fishing for pollock will accrue

against the bycatch allowances annually

specified for either the midwater

pollock or the pollock/Atka mackerel/

other species fishery categories under

§ 679.21(e).

TABLE 14.—2002 UNRESTRICTED BSAI AFA CATCHER/PROCESSOR PROHIBITED SPECIES SIDEBOARD AMOUNTS

PSC species

1995–1997 2002 PSC

available to

trawl vessels

2002 C/P limit

PSC catch Total PSC Ratio

Halibut mortality ................................................................... 955 11,325 0.084 3,400 286 mt.

Red king crab ....................................................................... 3,098 473,750 0.007 89,725 628 crab.

C. opilio ................................................................................ 2,323,731 15,139,178 0.153 4,023,750 615,634 crab.

C. bairdi

Zone 1 ........................................................................... 385,978 2,750,000 0.140 906,500 126,910 crab.

982 Federal Register / Vol. 67, No. 5 / Tuesday, January 8, 2002 / Rules and Regulations

TABLE 14.—2002 UNRESTRICTED BSAI AFA CATCHER/PROCESSOR PROHIBITED SPECIES SIDEBOARD AMOUNTS—

Continued

PSC species

1995–1997 2002 PSC

available to

trawl vessels

2002 C/P limit

PSC catch Total PSC Ratio

Zone 2 ........................................................................... 406,860 8,100,000 0.050 2,747,250 137,363 crab.

2002 AFA Catcher Vessel Sideboards

Regulations at § 679.63(b) establish a

formula for setting AFA catcher vessel

groundfish and PSC sideboard amounts

for the BSAI. The basis for these

sideboard amounts was recommended

by the Council and is described in detail

in the Emergency Interim Rule to

Implement Major Provisions of the AFA

(64 FR 4520, January 28, 2000). For

2002, the ratio of 1995 to 1997 AFA

catcher vessel retained catch to the 1995

to 1997 TAC has been revised from 2001

by NMFS. These revisions are based on

ADF&G editing of fish tickets and NMFS

editing of observer catch data and

weekly production reports. The 2002

AFA catcher vessel sideboards amounts

are shown in Tables 15 and 16.

All harvests of groundfish sideboard

species made by non-exempt AFA

catcher vessels, whether as targeted

catch or bycatch, will be deducted from

the sideboard limits listed in Table 15.

TABLE 15.—2002 BSAI AFA CATCHER VESSEL (CV) SIDEBOARDS

[Amounts are Expressed in Metric Tons]

Species Fishery by Area/Season/Processor/Gear

Ratio of 1995–

1997 AFA CV

catch to 1995–

1997 TAC

2002 Initial

TAC

2002 catcher

vessel

sideboard

Pacific cod ....................................................... BSAI.

jig gear ........................................................... 0.0000 3,700 0

hook-and-line CV ........................................... ........................ ........................ ........................

Jan 1—Jun 10 ................................................ 0.0006 169 0

Jun 10—Dec 31 ............................................. 0.0006 113 0

Pot gear .......................................................... ........................ ........................ ........................

Jan 1—Jun 10 ................................................ 0.0006 10,305 6

Sept 1—Dec 31 .............................................. 0.0006 6,870 4

CV < 60 feet LOA using hook-and-line or pot

gear.

0.0006 1,314 0

trawl gear ....................................................... ........................ ........................ ........................

catcher vessel ................................................ ........................ ........................ ........................

Jan 20—Apr 1 ................................................ 0.8609 30,433 26,200

Apr 1—Jun 10 ................................................ 0.8609 4,348 3,743

Jun 10—Nov 1 ............................................... 0.8609 8,695 7,486

Sablefish ......................................................... BS trawl gear ................................................. 0.0906 820 74

AI trawl gear ................................................... 0.0645 542 35

Atka mackerel ................................................. Eastern AI/BS ................................................. ........................ ........................ ........................

jig gear ........................................................... 0.0031 51 0

other gear ....................................................... ........................ ........................ ........................

Jan 1—Apr 15 ................................................ 0.0032 2,518 8

Sept 1—Nov 1 ................................................ 0.0032 2,518 8

Central AI ....................................................... ........................ ........................ ........................

Jan—Apr 15 ................................................... 0.0001 11,008 1

inside CH ........................................................ 0.0001 6,605 1

Sept 1—Nov 1 ................................................ 0.0001 11,008 1

inside CH ........................................................ 0.0001 6,605 1

Western AI ..................................................... ........................ ........................ ........................

Jan—Apr 15 ................................................... 0.0000 9,111 0

inside CH ........................................................ 0.0000 5,467 0

Sept 1—Nov 1 ................................................ 0.0000 9,111 0

inside CH ........................................................ 0.0000 5,467 0

Yellowfin sole .................................................. BSAI ............................................................... 0.0647 73,100 4,730

Rock sole ........................................................ BSAI ............................................................... 0.0341 45,900 1,565

Greenland Turbot ............................................ BS ................................................................... 0.0645 4,958 320

AI .................................................................... 0.0205 2,442 50

Arrowtooth flounder ......................................... BSAI ............................................................... 0.0690 13,600 938

Alaska Plaice .................................................. BSAI ............................................................... 0.0441 10,200 450

Other flatfish .................................................... BSAI ............................................................... 0.0441 2,550 112

POP ................................................................. BS ................................................................... 0.1000 2,620 262

Eastern AI ...................................................... 0.0077 3,201 25

Central AI ....................................................... 0.0025 2,831 7

Western AI ..................................................... 0.0000 5,236 0

Northern rockfish ............................................. BS ................................................................... 0.0048 16 0

AI .................................................................... 0.0089 6,239 56

Shortraker/Rougheye ...................................... BS ................................................................... 0.0048 99 0

AI .................................................................... 0.0035 843 3

Federal Register / Vol. 67, No. 5 / Tuesday, January 8, 2002 / Rules and Regulations 983

TABLE 15.—2002 BSAI AFA CATCHER VESSEL (CV) SIDEBOARDS—Continued

[Amounts are Expressed in Metric Tons]

Species Fishery by Area/Season/Processor/Gear

Ratio of 1995–

1997 AFA CV

catch to 1995–

1997 TAC

2002 Initial

TAC

2002 catcher

vessel

sideboard

Other rockfish .................................................. BS ................................................................... 0.0327 307 10

AI .................................................................... 0.0095 575 5

Squid ............................................................... BSAI ............................................................... 0.3827 1,675 641

Other species .................................................. BSAI ............................................................... 0.0541 26,201 1,417

Flathead Sole .................................................. BS trawl gear ................................................. 0.0505 21,250 1,073

Regulations at § 679.63(b) establish a

formula for PSC sideboards for AFA

catcher vessels. The AFA catcher vessel

PSC bycatch limit for halibut in the

BSAI, and each crab species in the BSAI

for which a trawl bycatch limit has been

established as a percentage of the PSC

limit equal to the ratio of aggregate

retained groundfish catch by AFA

catcher vessels in each PSC target

category from 1995 through 1997

relative to the retained catch of all

vessels in that fishery from 1995

through 1997. These amounts are listed

in Table 16.

Halibut and crab PSC that is caught by

AFA catcher vessels participating in any

non-pollock groundfish fishery listed in

Table 15 will accrue against the 2002

PSC limits for the AFA catcher vessels.

Regulations at § 679.21(d)(8) and

(e)(3)(v) provide authority to close

directed fishing for non-pollock

groundfish for AFA catcher vessels once

a 2002 PSC limitation listed in Table 16

for the BSAI is reached. PSC that is

caught by AFA catcher vessels while

fishing for pollock in the BSAI will

accrue against either the midwater

pollock or the pollock/Atka mackerel/

other species fishery categories.

TABLE 16.—2002 AFA CATCHER VESSEL (CV) PROHIBITED SPECIES CATCH (PSC) SIDEBOARD AMOUNTS 1 FOR THE

BSAI

PSC species Target fishery category 2 and season

Ratio of 1995–

1997 AFA CV

retained catch

to total retained catch

2002 PSC

Limit

2002 AFA

catcher vessel

PSC

sideboard

Halibut .................................... Pacific cod trawl ...................................................................... 0.6183 1,434 887

Pacific cod hook-and-line or pot ............................................. 0.0022 775 2

Yellowfin sole.

Jan. 20—Apr. 1 ....................................................................... 0.1144 262 30

Apr. 1—May 21 ....................................................................... 0.1144 195 22

May 21—June 30 .................................................................... 0.1144 49 6

June 30—Dec. 31 ................................................................... 0.1144 380 43

Rock sole/flat. sole/other flatfish.

Jan. 20—Apr. 1 ....................................................................... 0.2841 448 127

Apr. 1—June 30 ...................................................................... 0.2841 164 47

June 30—Dec. 31 ................................................................... 0.2841 167 47

Turbot/Arrowtooth/Sablefish .................................................... 0.2327 0 0

Rockfish .................................................................................. 0.0245 69 2

Pollock/Atka mackerel/Other sp .............................................. 0.0227 232 5

Red King Crab ........................ Pacific cod .............................................................................. 0.6183 11,664 7,212

Zone 1 .................................... Yellowfin sole .......................................................................... 0.1144 16,664 1,906

Rock sole/flat. sole/other flatfish ............................................. 0.2841 59,782 16,984

Pollock/Atka mackerel/Other sp .............................................. 0.0227 1,615 37

C. opilio .................................. Pacific cod .............................................................................. 0.6183 124,736 77,124

COBLZ 3,4 ............................... Yellowfin sole .......................................................................... 0.1144 2,776,981 317,687

Rock sole/flat. sole/other flatfish ............................................. 0.2841 969,130 275,330

Pollock/Atka mackerel/Other sp .............................................. 0.0227 72,428 1,644

Rockfish 5 ................................................................................ 0.0245 40,237 986

Turbot/Arrowtooth/Sablefish .................................................... 0.2327 40,238 9,363

C. bairdi .................................. Pacific cod .............................................................................. 0.6183 183,112 113,218

Zone 1 .................................... Yellowfin sole .......................................................................... 0.1144 340,844 38,993

Rock sole/flat. sole/other flatfish ............................................. 0.2841 365,320 103,787

Pollock/Atka mackerel/Other sp .............................................. 0.0227 17,224 391

C. bairdi .................................. Pacific cod .............................................................................. 0.6183 324,176 200,438

Zone 2 .................................... Yellowfin sole .......................................................................... 0.1144 1,788,459 204,600

Rock sole/flat. sole/other flatfish ............................................. 0.2841 596,154 169,367

Pollock/Atka mackerel/Other sp .............................................. 0.0227 27,473 624

Rockfish .................................................................................. 0.0245 10,988 269

1 Halibut amounts are in metric tons of halibut mortality. Crab amounts are in numbers of animals.

2Target fishery categories are defined in regulation at § 679.21(e)(3)(iv). 3 C. opilio Bycatch Limitation Zone. Boundaries are defined at Figure 13 of 50 CFR part 679.

984 Federal Register / Vol. 67, No. 5 / Tuesday, January 8, 2002 / Rules and Regulations

4The Council at its December 2001 meeting limited red king crab for trawl fisheries within the RKCSS to 35 percent of the total allocation to

the rock sole/flathead sole/’other flatfish’’ fishery category (§ 679.21(e)(3)(ii)(B)). ‘‘Other flatfish’’ for PSC monitoring includes all flatfish species,

except for Pacific halibut (a prohibited species), Greenland turbot, rock sole, yellowfin sole, arrowtooth flounder. 5The Council at its December 2001 meeting apportioned the rockfish PSC amounts from June 30—December 31.

2002 Sideboard Directed Fishing

Closures

Catcher/Processor Sideboard Closures

The Regional Administrator has

determined that many of the AFA

catcher/processor sideboard amounts

listed in Table 13 are necessary as

incidental catch to support other

anticipated groundfish fisheries for the

2002 fishing year. In accordance with

§ 679.20(d)(1)(iv), the Regional

Administrator establishes these

following amounts as directed fishing

allowances. The Regional Administrator

finds that many of these directed fishing

allowances will be reached before the

end of the year. Therefore, in

accordance with § 679.20(d)(1)(iii),

NMFS is prohibiting directed fishing by

unrestricted AFA catcher/processors for

the species in the specified areas set out

in Table 17.

TABLE 17.—AFA UNRESTRICTED

CATCHER/PROCESSOR SIDEBOARD

DIRECTED FISHING CLOSURES.1

[These closures take effect 1200 HRS A.L.T.,

January 20, 2002 and remain in effect

through 2400 HRS, A.L.T., December 31,

2002]

Species Area Gear

types

Sablefish trawl ......... BSAI ....... all.

Greenland turbot ..... BSAI ....... all.

Arrowtooth flounder BSAI ....... all.

Pacific ocean perch BSAI ....... all.

Northern rockfish ..... BSAI ....... all.

Shortraker/Rougheye

rockfish.

BSAI ....... all.

Other rockfish .......... BSAI ....... all.

Squid ....................... BSAI ....... all.

Other species .......... BSAI ....... all.

1 Maximum retainable percentages may be

found in Table 11 to 50 CFR part 679.

AFA Catcher Vessel Sideboard Closures

The Regional Administrator has

determined that many of the AFA

catcher vessel sideboard amounts listed

in Table 15 are necessary as incidental

catch to support other anticipated

groundfish fisheries for the 2002 fishing

year. In accordance with

§ 679.20(d)(1)(iv), the Regional

Administrator establishes these amounts

as directed fishing allowances. The

Regional Administrator finds that many

of these directed fishing allowances will

be reached before the end of the year.

Therefore, in accordance with

§ 679.20(d)(1)(iii), NMFS is prohibiting

directed fishing by non-exempt AFA

catcher vessels for the species in the

specified areas set out in Table 18.

TABLE 18.—AFA CATCHER VESSEL

SIDEBOARD DIRECTED FISHING CLOSURES 1

[These closures take effect 12 Noon A.L.T.,

January 20, 2002. These closures will remain in effect through 2400 hrs, A.L.T., December 31, 2002]

Species Area Gear

Pacific cod ............... BSAI ....... hook-andline,

pot, jig.

Sablefish .................. BSAI ....... trawl.

Atka mackerel .......... BSAI ....... all.

Greenland Turbot .... BSAI ....... all.

Arrowtooth flounder BSAI ....... all.

Pacific ocean perch BSAI ....... all.

Northern rockfish ..... BSAI ....... all.

Shortraker/rougheye

rockfish.

BSAI ....... all.

Other rockfish .......... BSAI ....... all.

Squid ....................... BSAI ....... all.

Other species .......... BSAI ....... all.

1 Maximum retainable percentages may be

found in Table 11 to 50 CFR part 679.

Increase in the Contribution of

Arrowtooth Flounder CDQ to the CDQ

Non-specific Reserve

Regulations at § 679.31(f) establish the

CDQ non-specific reserve, comprised of

15 percent of the CDQ reserves of

arrowtooth flounder and ‘‘other species’’

(skates, sharks, sculpin, and octopus).

These species are taken incidentally in

the CDQ fisheries. A CDQ group may

request that NMFS transfer amounts in

its CDQ non-specific reserve back into

either its arrowtooth flounder or ‘‘other

species’’ CDQ categories to reduce the

possibility that the catch of these

species would limit overall CDQ catch.

Species or species groups that

contribute to the CDQ non-specific

reserve are low-valued species for

which no target fishery currently exists.

These species have an adequate buffer

between the TAC and the overfishing

limit (OFL).

During the 2002 harvest specification

process for the BSAI fisheries, the

Bering Sea pollock TAC was set at

1,485,000 mt, based on increases to the

2002 pollock ABC and OFL. This is a 6

percent increase over the 2001 pollock

TAC of 1,400,000 mt. The total BSAI

TAC for all groundfish must be

maintained within a required optimum

yield range of 1.4 million to 2.0 million

mt. In order to stay within the 2.0

million mt limit, the Council often sets

the TAC for a particular groundfish

species below its designated ABC. It

selected an arrowtooth flounder TAC of

approximately 14 percent of the

arrowtooth flounder 2002 ABC of

113,000 mt. This means that the amount

of the arrowtooth flounder CDQ reserve

and the subsequent contribution of this

amount to the CDQ non-specified

reserve is proportionately decreased for

2002.

During the first 3 years of the

groundfish CDQ fisheries, the CDQ nonspecific reserve contained sufficient

amounts of quota to support the bycatch

needs in the ‘‘other species’’ CDQ

category. Arrowtooth flounder was the

largest contributor to the non-specific

reserve in 1999 and 2000, the first

complete years of groundfish CDQ

fishing. For these years, the arrowtooth

flounder TAC was set at or close to the

acceptable biological catch (ABC) level.

However, in 2001, the arrowtooth

flounder TAC was set significantly less

than the arrowtooth flounder ABC. This

initiated concern among CDQ program

participants that vessels fishing for

groundfish CDQ would catch the ‘‘other

species’’ CDQ allocation before they

fully harvested target species such as

pollock, Pacific cod, sablefish, and

Greenland turbot. One of the primary

reasons they cited for the shortfall in

‘‘other species’’ CDQ was the reduction

in the 2001 arrowtooth flounder TAC.

NMFS regulations limit the amount of

‘‘other species’’ CDQ available to each

CDQ group and prohibit the groups from

exceeding their allocations.

At its April 2001 meeting, the Council

stated that the CDQ non-specific reserve

was ‘‘intended, in part, to provide

adequate ‘other species’ quota to allow

reasonable CDQ fisheries.’’ At its June

2001 meeting, the Council requested

that NMFS adjust the contribution of

arrowtooth flounder CDQ to the CDQ

non-specific reserve from 15 percent to

50 percent via emergency rulemaking.

This was done in the SSL/Harvest

Specifications interim emergency rule

extension on July 17, 2001 (66 FR

37167). During the 2002 BSAI

groundfish specification setting process,

the Council again requested that NMFS

amend the CDQ non-specific reserve to

increase the contribution of arrowtooth

flounder to the CDQ non-specific

reserve from 15 percent of the

arrowtooth flounder CDQ reserve to 50

percent of the arrowtooth flounder CDQ

reserve for 2002.

Federal Register / Vol. 67, No. 5 / Tuesday, January 8, 2002 / Rules and Regulations 985

In response to the Council’s request,

NMFS is amending the CDQ nonspecific reserve to increase the

contribution of arrowtooth flounder to

the CDQ non-specific reserve from 15

percent of the arrowtooth flounder CDQ

reserve to 50 percent of this reserve for

2002. This increase will allow CDQ

groups to transfer additional quota from

the CDQ non-specific reserve to the

‘‘other species’’ CDQ account to reduce

the possibility that the incidental catch

of ‘‘other species’’ would prevent the

CDQ groups from fully harvesting their

target species allocations.

The maximum amount of ‘‘other

species’’ available for harvest in the

combined CDQ and non-CDQ fisheries

is the aggregate amount of the following

components: The open access ITAC

(26,201 mt), the CDQ reserve (2,312 mt),

and the current amount of arrowtooth

flounder in the CDQ non-specific

reserve that could be released to the

‘‘other species’’ category (180 mt). The

sum of these components is 28,693 mt.

If 50 percent (600 mt) of the arrowtooth

flounder CDQ reserve is moved to the

non-specific CDQ reserve and

subsequently released to the ‘‘other

species’’ CDQ category, the revised total

amount of ‘‘other species’’ available for

harvest in the combined open access

and CDQ fisheries would increase to

29,113 mt. This is 420 mt more than the

currently available total ‘‘other species’’

amount of 28,693 mt. However, the

increase in the overall amount of ‘‘other

species’’ available for harvest via

transfers from the CDQ non-specific

reserve is still less than the combined

CDQ and non-CDQ fisheries 2002 ‘‘other

species’’ TAC of 30,825 mt and will not

likely result in the total catch of ‘‘other

species’’ exceeding the 2002 ‘‘other

species’’ TAC. NMFS has determined

that the TAC, ABC, and OFL controls

associated with both the ‘‘other species’’

and arrowtooth flounder species

categories are not compromised by this

action. Even after adjusting the

contribution of arrowtooth flounder to

the CDQ non-specific reserve, the total

permissible catch of ‘‘other species’’ and

arrowtooth flounder in both the CDQ

and non-CDQ groundfish fisheries

remains below the initially

recommended TAC for each species.

The 2002 ABC and OFL thresholds are

not impacted, since this action does not

adjust permissible overall catch levels to

the extent that they approach the ABC

or OFL for either species. The aggregate

amount of groundfish allocated to the

CDQ sector will remain the same even

with this increased contribution of

arrowtooth flounder to the CDQ nonspecific reserve, and the CDQ sector will

still be constrained by existing

prohibitions against exceeding specific

CDQ amounts.

Gulf of Alaska

The SSC adopted the OFL

recommendations from the Plan Team,

which were provided in the November

2001 GOA SAFE report (See ADDRESSES)

for all groundfish species categories.

The SSC also adopted the ABC and area

apportionment recommendations from

the Plan Team, which were provided in

the GOA SAFE report, for all of the

groundfish species categories.

The AP adopted the SSC’s OFL and

ABC recommendations and developed

TAC recommendations for all species.

The Council adopted the AP’s OFL,

ABC, and TAC recommendations for all

species.

The SSC’s, AP’s and Council’s

recommendation for the method of

apportioning the sablefish ABC among

management areas includes commercial

fishery as well as survey data, as in

2001. NMFS stock assessment scientists

believe that the use of unbiased

commercial fishery data reflecting

catch-per-unit effort provides a

desirable input for stock distribution

assessments. The use of commercial

fishery data is evaluated annually to

assure that unbiased information is

included in stock distribution models.

The Council’s recommendation for

sablefish area apportionments also takes

into account the prohibition on the use

of trawl gear in the Southeast Outside

(SEO) District of the Eastern GOA and

makes available 5 percent of the

combined Eastern GOA sablefish ABCs

to trawl gear for use as incidental catch

in other directed groundfish fisheries in

the West Yakutat (WYK) District.

The AP and Council recommended

that the ABC for Pacific cod in the GOA

be apportioned among regulatory areas

based on the three most recent NMFS

summer trawl surveys conducted in

1996, 1999, and 2001. As in previous

years, the Plan Team, SSC, and Council

recommended that total removals of

Pacific cod from the GOA not exceed

ABC recommendations. Accordingly,

the Council recommended that the

TACs be adjusted downward from the

ABCs by amounts equal to the 2002

guideline harvest levels (GHL)

established for Pacific cod by the State

of Alaska for the State-managed fishery.

The effect of the State’s GHL on the

Pacific cod TAC is discussed in greater

detail below.

The Council’s recommended ABCs

are listed in Table 19. These amounts

reflect harvest amounts that are less

than the specified overfishing amounts.

The sum of 2002 ABCs for all assessed

groundfish is 394,780 mt, which is

lower than the 2001 ABC total of

447,710 mt.

2002 GOA Harvest Specifications

Specifications of TAC and Reserves

The Council recommended that TACs

be set equal to ABCs for pollock, deepwater flatfish, rex sole, sablefish,

shortraker and rougheye rockfish,

northern rockfish, Pacific Ocean perch,

pelagic shelf rockfish, thornyhead

rockfish, demersal shelf rockfish, and

Atka mackerel. The Council

recommended TACs be set less than the

ABCs for Pacific cod, flathead sole,

shallow-water flatfish, arrowtooth

flounder, and other rockfish.

The TAC for pollock in the combined

W/C/WYK area of the GOA has

decreased from 89,415 mt in 2001 to

51,790 mt in 2002. The 2002 TAC in the

SEO District of the Eastern GOA is

unchanged from 2001 at 6,460 mt. The

apportionment of annual pollock TAC

among the Western and Central

Regulatory Areas of the GOA reflects the

seasonal biomass distribution and is

discussed in greater detail below.

Under this emergency interim rule,

the annual pollock TAC in the Western

and Central Regulatory Areas of the

GOA is divided into four equal seasonal

apportionments. Twenty-five percent of

the annual TAC in the Western and

Central Regulatory Areas of the GOA is

apportioned to the A season (January 20

through February 25), the B season

(March 10 through May 31), the C

season (August 25 through September

15), and the D season (October 1

through November 1) in Statistical

Areas 610, 620, and 630 of the GOA

(§ 679.23(d)(3)(i) through (iv)). The

derivation of the seasonal

apportionment amounts in these areas is

discussed below.

The 2002 Pacific cod TAC is affected

by the State’s developing fishery for

Pacific cod in State waters in the Central

and Western GOA, as well as Prince

William Sound (PWS). The SSC, AP,

and Council recommended that the sum

of all State and Federal water Pacific

cod removals should not exceed the

ABC. Accordingly, the Council

recommended that the Pacific cod TAC

be reduced from ABC levels to account

for State GHLs in each regulatory area

of the GOA so that the TAC for (1) The

Eastern GOA is lower than the ABC by

864 mt, (2) the Central GOA is lower

than the ABC by 6,890 mt, and (3) the

Western GOA is lower than the ABC by

5,616 mt. These amounts reflect the sum

of State’s 2002 GHLs in these areas

which are 25 percent, 21.75 percent,

and 25 percent of the Eastern, Central,

986 Federal Register / Vol. 67, No. 5 / Tuesday, January 8, 2002 / Rules and Regulations

and Western GOA ABCs, respectively.

These percentages are unchanged from

2001.

NMFS is also establishing seasonal

apportionments of the annual Pacific

cod TAC in the Western and Central

Regulatory Areas at 60 percent of the

annual TAC for the January 1 through

June 10 A season for nontrawl gear and

January 20 through June 10 A season for

trawl gear. 40 percent of the annual TAC

is allocated to the B season. For

nontrawl gear, the B season extends

from September 1 through December 31

and for trawl gear the B seasons extends

from September 1 through November 1.

These seasonal apportionments of the

annual Pacific cod TAC are discussed in

greater detail below.

The FMP specifies that the amount for

the ‘‘other species’’ category is

calculated as 5 percent of the combined

TAC amounts for target species. The

2002 GOA-wide ‘‘other species’’ TAC is

11,330 mt, which is 5 percent of the

sum of the combined TAC amounts

(226,560 mt) for the assessed target

species. The sum of the TACs for all

GOA groundfish is 237,890 mt, which is

within the OY range specified by the

FMP. The sum of the 2002 TACs is

lower than the 2001 TAC sum of

285,994 mt. NMFS has reviewed the

Council’s recommended TAC

specifications and apportionments and

hereby approves these specifications

under § 679.20(c)(3)(ii). The 2002 ABCs,

TACs, and OFLs are shown in Table 19.

TABLE 19.—2002 ABCS, TACS, AND OVERFISHING LEVELS OF GROUNDFISH FOR THE WESTERN/CENTRAL/WEST

YAKUTAT (W/C/WYK), WESTERN (W), CENTRAL (C), EASTERN (E) REGULATORY AREAS, AND IN THE WEST YAKUTAT

(WYK), SOUTHEAST OUTSIDE (SEO), AND GULF-WIDE (GW) DISTRICTS OF THE GULF OF ALASKA

[Values are in metric tons]

Species Area 1 ABC TAC Overfishing

Pollock 2.

Shumagin ......................................................................... (610) ....................................... 17,730 17,730 ........................

Chirikof ............................................................................. (620) ....................................... 23,045 23,045 ........................

Kodiak .............................................................................. (630) ....................................... 9,850 9,850 ........................

WYK ................................................................................. (640) ....................................... 1,165 1,165 ........................

Subtotal ............................................................................ W/C/WYK ............................... 51,790 51,790 75,480

SEO ................................................................................. (650) ....................................... 6,460 6,460 8,610

Total .......................................................................... ................................................ 58,250 58,250 84,090

Pacific cod 3.

W ............................................ 22,465 16,849 ........................

C ............................................. 31,680 24,790 ........................

E ............................................. 3,455 2,591 ........................

Total .......................................................................... ................................................ 57,600 44,230 77,100

Flatfish (deep-water) 4 ............................................................. W ............................................ 180 180 ........................

C ............................................. 2,220 2,220 ........................

WYK ....................................... 1,330 1,330 ........................

SEO ........................................ 1,150 1,150 ........................

Total .......................................................................... ................................................ 4,880 4,880 6,430

Rex sole 4 ................................................................................ W ............................................ 1,280 1,280 ........................

C ............................................. 5,540 5,540 ........................

WYK ....................................... 1,600 1,600 ........................

SEO ........................................ 1,050 1,050 ........................

Total .......................................................................... ................................................ 9,470 9,470 12,320

Flathead sole .......................................................................... W ............................................ 9,000 2,000 ........................

C ............................................. 11,410 5,000 ........................

WYK ....................................... 1,590 1,590 ........................

SEO ........................................ 690 690 ........................

Total .......................................................................... ................................................ 22,690 9,280 29,530

Flatfish (shallow-water) 5 ......................................................... W ............................................ 23,550 4,500 ........................

C ............................................. 23,080 13,000 ........................

WYK ....................................... 1,180 1,180 ........................

SEO ........................................ 1,740 1,740 ........................

Total .......................................................................... ................................................ 49,550 20,420 61,810

Arrowtooth flounder ................................................................. W ............................................ 16,960 8,000 ........................

C ............................................. 106,580 25,000 ........................

WYK ....................................... 17,150 2,500 ........................

SEO ........................................ 5,570 2,500 ........................

Total .......................................................................... ................................................ 146,260 38,000 171,060

Sablefish 6 ............................................................................... W ............................................ 2,240 2,240 ........................

C ............................................. 5,430 5,430 ........................

WYK ....................................... 1,940 1,940 ........................

SEO ........................................ 3,210 3,210 ........................

Subtotal ............................................................................ E ............................................. 5,150 5,150 ........................

Total .......................................................................... ................................................ 12,820 12,820 19,350

Pacific ocean perch 7 .............................................................. W ............................................ 2,610 2,610 3,110

C ............................................. 8,220 8,220 9,760

Federal Register / Vol. 67, No. 5 / Tuesday, January 8, 2002 / Rules and Regulations 987

TABLE 19.—2002 ABCS, TACS, AND OVERFISHING LEVELS OF GROUNDFISH FOR THE WESTERN/CENTRAL/WEST

YAKUTAT (W/C/WYK), WESTERN (W), CENTRAL (C), EASTERN (E) REGULATORY AREAS, AND IN THE WEST YAKUTAT

(WYK), SOUTHEAST OUTSIDE (SEO), AND GULF-WIDE (GW) DISTRICTS OF THE GULF OF ALASKA—Continued

[Values are in metric tons]

Species Area 1 ABC TAC Overfishing

WYK ....................................... 780 780 ........................

SEO ........................................ 1,580 1,580 ........................

Subtotal ............................................................................ E ............................................. ........................ ........................ 2,800

Total .......................................................................... ................................................ 13,190 13,190 15,670

Short raker/rougheye 8 ............................................................ W ............................................ 220 220 ........................

C ............................................. 840 840 ........................

E ............................................. 560 560 ........................

Total .......................................................................... ................................................ 1,620 1,620 2,340

Other rockfish 9,10 .................................................................... W ............................................ 90 90 ........................

C ............................................. 550 550 ........................

WYK ....................................... 260 150 ........................

SEO ........................................ 4,140 200 ........................

Total .......................................................................... ................................................ 5,040 990 6,610

Northern Rockfish 10,12 ............................................................ W ............................................ 810 600 ........................

C ............................................. 4,170 4,170 ........................

E ............................................. N/A N/A ........................

Total .......................................................................... ................................................ 4,980 4,980 5,910

Pelagic shelf rockfish 13 .......................................................... W ............................................ 510 510 ........................

C ............................................. 3,480 3,480 ........................

WYK ....................................... 640 640 ........................

SEO ........................................ 860 860 ........................

Total .......................................................................... ................................................ 5,490 5,490 8,220

Thornyhead rockfish ............................................................... W ............................................ 360 360 ........................

C ............................................. 840 840 ........................

E ............................................. 790 790 ........................

Total .......................................................................... ................................................ 1,990 1,990 2,330

Demersal shelf rockfish 11 ....................................................... SEO ........................................ 350 350 480

Atka mackerel ......................................................................... GW ......................................... 600 600 6,200

Other species 14 ...................................................................... GW ......................................... 15 N/A 11,330 N/A

Total 16 ...................................................................... ................................................ 394,780 237,890 509,450

1 Regulatory areas and districts are defined at § 679.2. 2Pollock is apportioned in the Western/Central Regulatory areas among three statistical areas. During the A and B seasons the apportionment

is based on the relative distribution of pollock biomass at 23 percent, 68 percent, and 9 percent in Statistical Areas 610, 620, and 630 respectively. During the C and D seasons pollock is apportioned based on the relative distribution of pollock biomass at 47 percent, 23 percent, and 30

percent in Statistical Areas 610, 620, and 630 respectively. These seasonal apportionments are shown in Table 21. In the West Yakutat and the

Southeast Outside Districts of the Eastern Regulatory Area the annual pollock TAC is not divided into seasonal allowances. 3The annual Pacific cod TAC is apportioned 60 percent to an A season and 40 percent to a B season in the Western and Central Regulatory

Areas of the GOA. Pacific cod is allocated 90 percent for processing by the inshore component and 10 percent for processing by the offshore

component. Seasonal apportionments and component allocations of TAC are shown in Table 22. 4 ‘‘Deep water flatfish’’ means Dover sole, Greenland turbot, and deepsea sole. 5 ‘‘Shallow water flatfish’’ means flatfish not including ‘‘deep water flatfish,’’ flathead sole, rex sole, or arrowtooth flounder. 6Sablefish is allocated to trawl and hook-and-line gears (Table 20).

7 ‘‘Pacific ocean perch’’ means Sebastes alutus. 8 ‘‘Shortraker/rougheye rockfish’’ means Sebastes borealis (shortraker) and S. aleutianus (rougheye). 9 ‘‘Other rockfish’’ in the Western and Central Regulatory Areas and in the West Yakutat District means slope rockfish and demersal shelf rockfish. The category ‘‘other rockfish’’ in the Southeast Outside District means Slope rockfish. 10 ‘‘Slope rockfish’’ means Sebastes aurora (aurora), S. melanostomus (blackgill), S. paucispinis (bocaccio), S. goodei (chilipepper), S. crameri

(darkblotch), S. elongatus (greenstriped), S. variegatus (harlequin), S. wilsoni (pygmy), S. babcocki (redbanded), S. proriger (redstripe), S.

zacentrus (sharpchin), S. jordani (shortbelly), S. brevispinis (silvergrey), S. diploproa (splitnose), S. saxicola (stripetail), S. miniatus (vermilion),

and S. reedi (yellowmouth). In the Eastern GOA only, ‘‘slope rockfish’’ also includes northern rockfish, S. polyspinous. 11 ‘‘Demersal shelf rockfish’’ means Sebastes pinniger (canary), S. nebulosus (china), S. caurinus (copper), S. maliger (quillback), S.

helvomaculatus (rosethorn), S. nigrocinctus (tiger), and S. ruberrimus (yelloweye). 12 ‘‘Northern rockfish’’ means Sebastes polyspinis. 13 ‘‘Pelagic shelf rockfish’’ means Sebastes ciliatus (dusky), S. entomelas (widow), and S. flavidus (yellowtail). 14 ‘‘Other species’’ means sculpins, sharks, skates, squid, and octopus. The TAC for ‘‘other species’’ equals 5 percent of the TACs of assessed

target species. 15 N/A means not applicable. 16The total ABC is the sum of the ABCs for assessed target species.

988 Federal Register / Vol. 67, No. 5 / Tuesday, January 8, 2002 / Rules and Regulations

Apportionment of Reserves

Regulations implementing the FMP

require 20 percent of each TAC for

pollock, Pacific cod, flatfish, and the

‘‘other species’’ category be set aside in

reserves for possible apportionment at a

later date (§ 679.20(b)(2)). In 2001,

NMFS reapportioned all of the reserves

in the final harvest specifications.

Between 1997 and 2000, NMFS retained

the Pacific cod reserve to provide for a

management buffer to account for

excessive fishing effort and incomplete

or late catch reporting. NMFS believes

this is no longer necessary as estimates

of catch and incidental catch needs in

other directed fisheries have improved

in recent years. For 2002, NMFS has

reapportioned all of the reserve for

pollock, Pacific cod, flatfish, and ‘‘other

species’’. Specifications of TAC shown

in Table 19 reflect apportionment of

reserve amounts for these species and

species groups.

Allocations of the Sablefish TACs to

Vessels Using Hook-and-Line and Trawl

Gear

Under § 679.20(a)(4)(i) and (ii),

sablefish TACs for each of the regulatory

areas and districts are allocated to hookand-line and trawl gear. In the Western

and Central Regulatory Areas, 80

percent of each TAC is allocated to

hook-and-line gear and 20 percent of

each TAC is allocated to trawl gear. In

the Eastern Regulatory Area, 95 percent

of the TAC is allocated to hook-and-line

gear and 5 percent is allocated to trawl

gear. The trawl gear allocation in the

Eastern Regulatory Area may only be

used to support incidental catch of

sablefish in directed fisheries for other

target species. In recognition of the

trawl ban in the SEO District of the

Eastern Regulatory Area, the Council

recommended that 5 percent of the

combined Eastern GOA sablefish be

allocated to trawl gear in the WYK

District and the remainder to vessels

using hook-and-line gear. In the SEO

District, 100 percent of the sablefish

TAC is allocated to vessels using hookand-line gear. This recommendation

results in an allocation of 258 mt to

trawl gear and 1,682 mt to hook-andline gear in the WYK District and 3,210

mt to hook-and-line gear in the SEO

District. Table 20 shows the allocations

of the 2002 sablefish TACs between

hook-and-line gear and trawl gear.

TABLE 20.—2002 SABLEFISH TAC SPECIFICATIONS IN THE GULF OF ALASKA AND ALLOCATIONS THEREOF TO HOOK-ANDLINE AND TRAWL GEAR

[Values are in metric tons]

Area/District TAC Hook-and-line

apportionment

Trawl apportionment

Western ........................................................................................................................................ 2,240 1,792 448

Central ......................................................................................................................................... 5,430 4,344 1,086

West Yakutat ............................................................................................................................... 1,940 1,682 258

Southeast Outside ....................................................................................................................... 3,210 3,210 0

Total ...................................................................................................................................... 12,820 11,028 1,792

Apportionments of Pollock TAC Among

Seasons and Regulatory Areas, and

Allocations for Processing by Inshore

and Offshore Components

In the GOA, pollock is apportioned by

season and area, and is further allocated

for processing by inshore and offshore

components. Under this emergency

interim rule implementing Steller sea

lion protection measures for 2002, the

annual pollock TAC specified for the

Western and Central Regulatory Areas of

the GOA is apportioned into four equal

seasonal allowances of 25 percent

(§ 679.20(a)(5)(ii)(C)). As established by

§ 679.23(d)(3), the A, B, C, and D season

allowances are available from January

20 through February 25, from March 10

through May 31, from August 25

through September 15, and from

October 1 through November 1,

respectively.

Pollock TACs in the Western and

Central Regulatory Areas of the GOA in

the A and B seasons are apportioned

among Statistical Areas 610, 620, and

630 in proportion to the distribution of

pollock biomass as determined by a

composite of NMFS winter surveys and

in the C and D seasons in proportion to

the distribution of pollock biomass as

determined by the four most recent

NMFS summer surveys. Within any

fishing year, underage or overage of a

seasonal allowance may be added to or

subtracted from subsequent seasonal

allowances in a manner to be

determined by the Regional

Administrator, Alaska Region, NMFS,

provided that the sum of the revised

seasonal allowances does not exceed 30

percent of the annual TAC

apportionment for the Central and

Western Regulatory Areas in the GOA

(§ 679.20(a)(5)(ii)(C)). For 2002, 30

percent of the annual TAC for the

Central and Western Regulatory Areas is

15,187 mt. For 2002, the Regional

Administrator has determined that

within each area for which a seasonal

allowance is established, any overage or

underage of harvest at the beginning of

the next season(s) shall be subtracted

from or added to the following season

provided that the resulting sum of

seasonal allowances in the Central and

Western Regulatory Areas does exceed

15,187 mt in any single season. The

WYK and SEO District pollock TACs of

1,165 mt and 6,460 mt, respectively, are

not allocated seasonally.

Regulations at § 679.20(a)(6)(ii)

require that 100 percent of the pollock

TAC in all regulatory areas and all

seasonal allowances thereof be allocated

to vessels catching pollock for

processing by the inshore component

after subtraction of amounts that are

projected by the Regional Administrator

to be caught by, or delivered to, the

offshore component incidental to

directed fishing for other groundfish

species. The amount of pollock

available for harvest by vessels

harvesting pollock for processing by the

offshore component is that amount

actually taken as bycatch during

directed fishing for groundfish species

other than pollock, up to the maximum

retainable bycatch amounts allowed

under regulations at § 679.20(e) and (f).

At this time, these bycatch amounts are

unknown and will be determined

during the fishing year.

The seasonal biomass distribution of

pollock in the Western and Central

GOA, area apportionments, and

seasonal apportionments for the A, B, C,

and D seasons are summarized in Table

21, except that amounts of pollock for

processing by the inshore and offshore

component are not shown.

Federal Register / Vol. 67, No. 5 / Tuesday, January 8, 2002 / Rules and Regulations 989

TABLE 21.—DISTRIBUTION OF POLLOCK IN THE CENTRAL AND WESTERN REGULATORY AREAS OF THE GULF OF ALASKA;

SEASONAL BIOMASS DISTRIBUTION, AREA APPORTIONMENTS; AND SEASONAL ALLOWANCES OF ANNUAL TAC IN 2002

[Values are in mt]

Area

Season 1

Shumagin

(Area 610)

(biomass distribution 2)

Chirikof (Area

620) (biomass

distribution)

Kodiak (Area

630) (biomass

distribution)

Total (biomass

distribution)

A .................................................................................................................. 2,916 (23%) .... 8,618 (68%) .... 1,122 (9%) ...... 12,656 (100%)

B .................................................................................................................. 2,916 (23%) .... 8,618 (68%) .... 1,122 (9%) ...... 12,656 (100%)

C .................................................................................................................. 5,949 (47%) .... 2,905 (23%) .... 3,803 (30%) .... 12,657 (100%)

D .................................................................................................................. 5,949 (47%) .... 2,904 (23%) .... 3,803 (30%) .... 12,656 (100%)

Annual Total ......................................................................................... 17,730 ............. 23,045 ............. 9,850 ............... 50,625

1These emergency interim regulations for pollock in the GOA which specify A and B season dates and harvest limitations, expires July 8,

2002, before the C and D seasons are scheduled to begin. Therefore, the C and D seasons are not authorized unless either this emergency rule

is extended, or proposed and final rulemaking is completed. 2Biomass distribution is rounded to the nearest 1%.

Seasonal Apportionments of Pacific Cod

TAC and Allocations for Processing of

Pacific Cod TAC Between Inshore and

Offshore Components

As described in Part I above, Pacific

cod fishing is divided into two seasons

in the Western and Central Regulatory

Areas of the GOA. The A season begins

on January 1, 2002, and ends on June

10, 2002, for nontrawl gear and begins

on January 20, 2002, and ends on June

10, 2002, for trawl gear. The B season

begins on September 1, 2002, for all gear

types and ends on December 31, 2002,

for nontrawl gear and November 1,

2002, for trawl gear. After subtraction of

incidental catch, 60 percent and 40

percent of the annual TAC will be

available for harvest during the A and

B seasons, respectively, and will be

apportioned between the inshore and

offshore processing components as

provided in § 679.20(a)(6)(iii). Directed

fishing for Pacific cod between the A

and the B seasons is closed and

fishermen participating in other

directed fisheries may retain Pacific cod

up to the maximum retainable bycatch

amounts allowed under regulations at

§ 679.20(e) and (f). The time of day of

all openings and closures of fishing

seasons, other than the beginning and

ending of the calender fishing year, is

1200 hours, A.l.t. For purposes of

clarification, NMFS points out that the

A season and the B season Pacific cod

fishery dates differ from those of the A,

B, C, and D seasons for the pollock

fisheries. Any overage or underage of

Pacific cod harvest from the A season

shall be subtracted from or added to the

subsequent B season. Any incidental

catch of Pacific cod after the A season

closes will be subtracted from the B

season.

Regulations at § 679.20(a)(6)(iii)

require that the TAC apportionment of

Pacific cod in all regulatory areas be

allocated to vessels catching Pacific cod

for processing by the inshore and

offshore components. Ninety percent of

the Pacific cod TAC in each regulatory

area is allocated to vessels catching

Pacific cod for processing by the inshore

component. The remaining 10 percent

of the TAC is allocated to vessels

catching Pacific cod for processing by

the offshore component. These seasonal

apportionments and allocations of the

Pacific cod TAC for 2002 are shown in

Table 22.

TABLE 22.—2002 SEASONAL APPORTIONMENTS AND ALLOCATION OF PACIFIC COD TAC AMOUNTS IN THE GULF OF

ALASKA; ALLOCATIONS FOR PROCESSING BY THE INSHORE AND OFFSHORE COMPONENTS

[Values are in mt]

Regulatory area TAC

Component Allocation

Inshore (90%) Offshore

(10%)

Western ........................................................................................................................................ 16,849 15,164 1,685

A Season (60%) .......................................................................................................................... 10,109 9,098 1,011

B Season (40%) .......................................................................................................................... 6,740 6,066 674

Central ......................................................................................................................................... 24,790 22,311 2,479

A Season (60%) .......................................................................................................................... 14,874 13,387 1,487

B Season (40%) .......................................................................................................................... 9,916 8,924 992

Eastern ......................................................................................................................................... 2,591 2,332 259

Total ...................................................................................................................................... 44,230 39,807 4,423

Pacific Halibut PSC Mortality Limits

Under § 679.21(d), annual Pacific

halibut PSC limits are established and

apportioned to trawl and hook-and-line

gear and may be established for pot gear.

As in 2001, the Council recommended

that pot gear, jig gear, and the hook-andline sablefish fishery be exempted from

the non-trawl halibut limit for 2002. The

Council recommended these

exemptions because of the low halibut

bycatch mortality experienced in the pot

gear fisheries (4 mt in 2001) and because

of the 1995 implementation of the

sablefish and halibut Individual Fishing

Quota program, which allows legalsized halibut to be retained in the

990 Federal Register / Vol. 67, No. 5 / Tuesday, January 8, 2002 / Rules and Regulations

sablefish fishery. Halibut mortality for

the jig gear fleet cannot be estimated

because these vessels do not carry

observers. However, halibut mortality is

assumed to be very low given the small

amount of groundfish harvested by this

gear type (336 mt in 2001) and the

assumed high survival rate of any

halibut that are incidentally taken and

released.

As in 2001, the Council recommended

a hook-and-line halibut PSC mortality

limit of 300 mt. Ten mt of this limit are

apportioned to the demersal shelf

rockfish fishery in the Southeast

Outside District. The fishery is defined

at § 679.21(d)(4)(iii)(A) and historically

has been apportioned this amount in

recognition of its small scale harvests.

Observer data are not available to verify

actual bycatch amounts given that most

vessels are less than 60 ft (13.5 m) LOA

and are exempt from observer coverage.

The remainder of the PSC limit is

seasonally apportioned among the nonsablefish hook-and-line gear fisheries as

shown in Table 23.

The Council continued to recommend

a trawl halibut PSC mortality limit of

2,000 mt for 2002. The PSC limit has

remained unchanged since 1989.

Regulations at § 679.21(d)(3)(iii)

authorize separate apportionments of

the trawl halibut PSC limit between

trawl fisheries for deep-water and

shallow-water species. Regulations at

§ 679.21(d)(5) authorize seasonal

apportionments of halibut PSC limits.

NMFS concurs in the Council’s

recommendations described above and

listed in Table 23. The following types

of information as presented in, and

summarized from, the current SAFE

report, or as otherwise available from

NMFS, ADF&G, the International Pacific

Halibut Commission (IPHC), or public

testimony were considered:

(A) Estimated Halibut Bycatch in Prior

Years

The best available information on

estimated halibut bycatch is data

collected by observers during 2001. The

calculated halibut bycatch mortality by

trawl, hook-and-line, and pot gear

through December 7, 2001, is 2,205 mt,

286 mt, and 4 mt, respectively, for a

total halibut mortality of 2,495 mt.

Halibut bycatch restrictions

seasonally constrained trawl gear

fisheries during the 2001 fishing year.

Trawling for the deep-water fishery

complex was closed for the second

season on May 25 (66 FR 29511, May

31, 2001) and for the third season on

July 23 (66 FR 39119, July 27, 2001).

The shallow-water fishery complex was

closed for the second season on April 27

(66 FR 21886, May 2, 2001), the fishery

was reopened from May 21 to May 26

(66 FR 28679, May 24, 2001, and 66 FR

29512, May 31, 2001), for the third

season on June 27 (66 FR 34852, July 2,

2001), and for the fourth season on

August 4 (66 FR 41455, August 8, 2001).

The fishery was reopened from

September 1 to September 4 (66 FR

34852, July 2, 2001, and 66 CF 46967,

September 10, 2001). All trawling in the

GOA closed (with the exception of

pelagic trawl gear targeting pollock) for

the remainder of the year on October 21

(66 FR 53736, October 24, 2001).

The three seasonal apportionments of

the hook-and-line halibut bycatch

mortality limit resulted in closures of

hook-and-line gear fisheries for

groundfish other than sablefish and

demersal shelf rockfish on February 26

(66 FR 12912, March 1, 2001), May 17

(66 FR 27043, May 16, 2000), and on

September 4 (66 FR 46404, September 5,

2001).

(B) Expected Changes in Groundfish

Stocks

In December 2001, the Council

adopted higher 2002 ABCs for rex sole,

shallow water flatfish, flathead sole,

other rockfish, northern rockfish, and

demersal shelf rockfish than those

established for 2001. The Council

adopted lower 2002 ABCs for pollock,

Pacific cod, deep water flatfish,

arrowtooth flounder, sablefish, Pacific

Ocean perch, shortraker and rougheye

rockfish, pelagic shelf rockfish, and

thornyhead rockfish than those

established for 2001. More information

on these changes is included in the final

SAFE report (November 2001) and in

the Council and SSC December 2001

meeting minutes.

(C) Expected Changes in Groundfish

Catch

The total of the 2002 TACs for the

GOA is 237,888 mt, a decrease of 17

percent from the 2001 TAC total of

285,994 mt. Those fisheries for which

the 2002 TACs are lower than in 2001

are pollock (decreased to 58,250 mt

from 95,875 mt), Pacific cod (decreased

to 44,230 mt from 52,110 mt), deep

water flatfish (decreased to 4,880 mt

from 5,300 mt), sablefish (decreased to

12,820 mt from 12,840 mt), Pacific

Ocean perch (decreased to 13,190 mt

from 13,510 mt), shortraker and

rougheye rockfish (decreased to 1,620

mt from 1,730 mt), other rockfish

(decreased to 990 mt from 1,010 mt),

pelagic shelf rockfish (decreased to

5,490 mt from 5,980 mt), thornyhead

rockfish (decreased to 1,990 mt from

2,310 mt), and ‘‘other species’’

(decreased to 11,330 mt from 13,619

mt). Those species for which the 2002

TACs are higher than in 2001 are rex

sole (increased to 9,470 mt from 9,440

mt), flathead sole (increased to 9,280 mt

from 9,060 mt), shallow water flatfish

(increased to 20,420 mt from 19,400 mt),

northern rockfish (increased to 4,980 mt

from 4,880 mt), and demersal shelf

rockfish (increased to 350 mt from 330

mt).

(D) Current Estimates of Halibut

Biomass and Stock Condition

The most recent halibut stock

assessment was conducted by the

International Pacific Halibut

Commission (IPHC) in December 2000.

The halibut resource is considered to be

healthy, with total catch near record

levels. The current exploitable halibut

biomass for 2001 is estimated to be

249,007 mt, using an age-specific

estimate for 2001. In the age-specific

estimate, the assumption is that the

selection of fish by the survey is based

primarily on the age of the fish and

reflects the availability of fish of

different ages on the grounds. This is an

increase from the estimate of 135,172 mt

in 2000. The difference is in large part

due to omitting a precautionary

downward correction used in the 1999

assessment which was based on

presumed increased fishing power of

baits recently used in the surveys. The

2000 estimate for exploitable biomass in

2001 of 249,007 mt is now similar to the

1998 estimate for exploitable biomass in

1999 of 227,366 mt before the fishing

power correction was made. The IHPC

believes that exploitable biomass of the

Pacific halibut stock peaked at 326,520

mt in 1988. According to the IHPA, the

long-term average reproductive biomass

for the Pacific halibut resource is

estimated at 118,000 mt. Long-term

average yield is estimated at 26,980 mt,

round weight. The species is fully

utilized. Average catches (1994–96) are

33,580 mt for the U.S. and 6,410 mt for

Canada, for a combined total of 39,990

mt for the entire Pacific halibut

resource. This catch is 48 percent higher

than the long-term potential yield,

which reflects the good condition of the

Pacific halibut resource. In January

2001, the IPHC recommended

commercial catch limits totaling 37,120

mt (round weight equivalents) for

Alaska in 2001, up from 33,910 mt in

2000. Through November 23, 2001,

commercial hook-and-line harvests of

halibut in Alaska totaled 35,293 mt

(round weight equivalents).

The major change in the assessment

results for 2000 came from the

elimination of the downward correction

in recent survey catch rates that was

applied in 1999, to account for a

suspected increase in the fishing power

Federal Register / Vol. 67, No. 5 / Tuesday, January 8, 2002 / Rules and Regulations 991

of the surveys due to a bait change in

1993. Experiments conducted in 2000

have shown that the precautionary

adjustment is not required. The stock

assessment shows only minor changes

for the southern portion of the range

(Areas 2A, 2B, and 2C). Improvements

in the estimated biomass of the stock in

Area 3A are accounted for largely by the

change in the treatment of historical

survey data. Weight at age for halibut in

the central portion of the range

increased slightly in 2000 over the very

low values of recent years. However,

recruitment of year classes born

between 1989 and 1993 appears to be

poor. The outlook for the stock biomass

over the near future is for a decline from

the record high levels of recent years

until increased recruitment to the stock

occurs.

Additional information on the Pacific

halibut stock assessment may be found

in the final SAFE report (November

2001) and in the IPHC’s 2000 Pacific

halibut stock assessment (December

2000). The 2001 Pacific halibut stock

assessment for 2002 will be considered

by the IPHC at its January 2002 annual

meeting in setting the 2002 commercial

halibut fishery quotas. IPHC staff have

made a preliminary catch

recommendation of 36,812 mt (round

weight equivalents) for Alaska waters in

2002, a decrease of 308 mt from 2001.

(E) Other Factors

The allowable commercial catch of

halibut will be adjusted to account for

the overall halibut PSC mortality limit

established for groundfish fisheries. The

2002 GOA groundfish fisheries are

expected to use the entire proposed

halibut PSC limit of 2,300 mt. The

allowable directed commercial catch is

determined by accounting for the

recreational and subsistence catch,

waste, and bycatch mortality and then

providing the remainder to the directed

fishery. Groundfish fishing is not

expected to adversely affect the halibut

stocks.

Methods available for reducing

halibut bycatch include: (1) Reducing

halibut bycatch rates through the Vessel

Incentive Program; (2) modifications to

gear; (3) changes in groundfish fishing

seasons; (4) individual transferable

quota programs; and (5) time/area

closures.

Reductions in groundfish TAC

amounts provide no incentive for

fishermen to reduce bycatch rates. Costs

that would be imposed on fishermen as

a result of reducing TAC amounts

depend on the species and amounts of

groundfish foregone.

Trawl vessels carrying observers for

purposes of complying with observer

coverage requirements (§ 679.50) are

subject to the Vessel Incentive Program.

This program encourages trawl

fishermen to avoid high halibut bycatch

rates while conducting groundfish

fisheries by specifying bycatch rate

standards for various target fisheries.

Current regulations (§ 679.2

Authorized fishing gear (12)) specify

requirements for biodegradable panels

and tunnel openings for groundfish pots

to reduce halibut bycatch. As a result,

low bycatch and mortality rates of

halibut in pot fisheries have justified

exempting pot gear from PSC limits.

The regulations also define pelagic

trawl gear in a manner intended to

reduce bycatch of halibut by displacing

fishing effort off the bottom of the sea

floor when certain halibut bycatch

levels are reached during the fishing

year. The definition provides standards

for physical conformation (§ 679.2, see

Authorized fishing gear) and

performance of the trawl gear in terms

of crab bycatch (§ 679.7(a)(14)).

Furthermore, all hook-and-line vessel

operators are required to employ careful

release measures when handling halibut

bycatch (§ 679.7(a)(13)). These measures

are intended to reduce handling

mortality, to increase the amount of

groundfish harvested under the

available halibut mortality bycatch

limits, and to possibly lower overall

halibut bycatch mortality in groundfish

fisheries.

The sablefish/halibut IFQ program

(implemented in 1995) was intended, in

part, to reduce the halibut discard

mortality in the sablefish fishery.

Consistent with the goals and

objectives of the FMP to reduce halibut

bycatch while providing an opportunity

to harvest the groundfish OY, NMFS

approves the assignments of 2,000 mt

and 300 mt of halibut PSC limits to

trawl and hook-and-line gear,

respectively. While these limits will

reduce the harvest quota for commercial

halibut fishermen, NMFS has

determined that they will not result in

unfair allocation to any particular user

group as these PSCs establish an upper

limit on the impact of the groundfish

fisheries on the commercial halibut

fishery in the GOA. NMFS recognizes

that some halibut bycatch will occur in

the groundfish fishery, but the Vessel

Incentive Program, required

modifications to gear, and

implementation of the halibut/sablefish

IFQ program are intended to reduce

adverse impacts on halibut fishermen

while promoting the opportunity to

achieve the OY from the groundfish

fishery. NMFS and the Council will

review the methods available for

reducing halibut bycatch listed here to

determine their effectiveness, and will

initiate changes, as necessary, in

response to this review or to public

testimony and comment.

Fishery and Seasonal Apportionments

of the Halibut PSC Limits

Under § 679.21(d)(5), NMFS

seasonally apportions the halibut PSC

limits based on recommendations from

the Council. The FMP requires that the

following information be considered by

the Council in recommending seasonal

apportionments of halibut PSC limits:

(a) Seasonal distribution of halibut, (b)

seasonal distribution of target

groundfish species relative to halibut

distribution, (c) expected halibut

bycatch needs on a seasonal basis

relative to changes in halibut biomass

and expected catches of target

groundfish species, (d) expected bycatch

rates on a seasonal basis, (e) expected

changes in directed groundfish fishing

seasons, (f) expected actual start of

fishing effort, and (g) economic effects

of establishing seasonal halibut

allocations on segments of the target

groundfish industry.

In December 2001, the Council and its

AP recommended seasonal PSC

apportionments in order to maximize

harvest among gear types, fisheries, and

seasons while minimizing bycatch of

PSC based upon the criteria above.

NMFS adjusts the Council’s

recommended start date for the third

seasonal allowance of trawl halibut PSC

from July 1 to June 30 to coincide with

the trawl rockfish opening in the BSAI

on June 30 and to facilitate inseason

management of rockfish harvest over the

July 4 holiday. NMFS approves the PSC

apportionments specified in Tables 23

and 24, below. Regulations at

§ 679.21(d)(5)(iii) and (iv) specify that

any overages or shortfalls in a seasonal

apportionment of a PSC limit will be

deducted from or added to the next

respective seasonal apportionment

within the 2002 season.

992 Federal Register / Vol. 67, No. 5 / Tuesday, January 8, 2002 / Rules and Regulations

TABLE 23.—FINAL 2002 PACIFIC HALIBUT PSC LIMITS, ALLOWANCES, AND APPORTIONMENTS. THE PACIFIC HALIBUT PSC

LIMIT FOR HOOK-AND-LINE GEAR IS ALLOCATED TO THE DEMERSAL SHELF ROCKFISH (DSR) FISHERY AND FISHERIES

OTHER THAN DSR. THE HOOK-AND-LINE SABLEFISH FISHERY IS EXEMPT FROM HALIBUT PSC LIMITS. (VALUES ARE

IN MT)

Trawl gear Hook-and-line gear

Dates Amount

Other than DSR DSR

Dates Amount Dates Amount

Jan 1– Apr 1 ................... 550 (27.5%) Jan 1–June 10 ................ 250 (86.2%) Jan 1–Dec 31 ................. 10 (100%)

Apr 1–June 30 ................. 400 (20%) June 10–Sept 1 .............. 5 (1.7%)

June 30–Sept 1 ............... 600 (30%) Sept 1–Dec 31 ................ 35 (12.1%)

Sept 1–Oct 1 ................... 150 (7.5%)

Oct 1–Dec 31 .................. 300 (15%)

Total ......................... 2,000 (100%) ......................................... 290 (100%) ......................................... 10 (100%)

Regulations at § 679.21(d)(3)(iii) authorize apportionments of the trawl halibut PSC limit to a deep-water species

complex, comprised of sablefish, rockfish, deep-water flatfish, rex sole and arrowtooth flounder; and a shallow-water

species complex, comprised of pollock, Pacific cod, shallow-water flatfish, flathead sole, Atka mackerel, and ‘‘other

species’’. The apportionment for these two trawl fishery complexes is presented in Table 24.

TABLE 24.—FINAL 2002 APPORTIONMENT OF PACIFIC HALIBUT PSC TRAWL LIMITS BETWEEN THE TRAWL GEAR DEEPWATER SPECIES COMPLEX AND THE SHALLOW-WATER SPECIES COMPLEX (VALUES ARE IN METRIC TONS)

Season Shallow-water Deep-water Total

Jan 20–Apr 1 ............................................................................................................. 450 100 550

Apr 1–June 30 ........................................................................................................... 100 300 400

June 30–Sept 1 ......................................................................................................... 200 400 600

Sept 1–Oct 1 .............................................................................................................. 150 Any Remainder 150

Subtotal: Jan 20–Oct 1 ....................................................................................... 900 800 1,700

Oct 1–Dec 31 ............................................................................................................. 300

Total .................................................................................................................... 2,000

No apportionment between shallow-water and deep-water fishery complexes during the 4th quarter of the calendar year.

Halibut Discard Mortality Rates

The Council recommended that the

revised halibut discard mortality rates

(DMRs) recommended by the IPHC be

adopted for purposes of monitoring

halibut bycatch mortality limits

established for the 2002 groundfish

fisheries. NMFS concurs in the

Council’s recommendation. The IPHC

recommended use of a long-term

average as preseason assumed DMRs for

the 2001–2003 groundfish fisheries. The

IPHC recommendation also includes a

provision that revised DMRs would be

proposed should analysis indicate that a

fishery’s annual DMR diverges

substantially (up or down) from the

long-term average. Most of the IPHC’s

assumed DMRs were based on an

average of mortality rates determined

from NMFS observer data collected

between 1990 and 1999. Rates were

lacking for some fisheries, so rates from

the most recent years were used. For the

‘‘other species’’ fishery, where

insufficient mortality data are available,

the mortality rate of halibut caught in

the Pacific cod fishery for that gear type

was recommended as a default rate. The

assumed mortality rates recommended

for 2002 are unchanged from those used

in 2001 in the GOA. The recommended

rates for hook-and-line targeted fisheries

range from 8 to 24 percent. The

recommended rates for trawl targeted

fisheries range from 58 to 72 percent.

The recommended rate for all pot

targeted fisheries is 14 percent. The

2002 assumed DMRs are listed in Table

25.

TABLE 25.—2002 ASSUMED PACIFIC

HALIBUT MORTALITY RATES FOR

VESSELS FISHING IN THE GULF OF

ALASKA (LISTED VALUES ARE PERCENT OF HALIBUT BYCATCH ASSUMED

TO BE DEAD)

Gear and target Mortality

rate

Hook-and-Line:

Pacific cod ............................. 14

Rockfish ................................ 8

Other species ........................ 14

Sablefish ............................... 24

Trawl:

Midwater pollock ................... 72

Rockfish ................................ 69

Shallow-water flatfish ............ 69

Pacific cod ............................. 61

TABLE 25.—2002 ASSUMED PACIFIC

HALIBUT MORTALITY RATES FOR

VESSELS FISHING IN THE GULF OF

ALASKA (LISTED VALUES ARE PERCENT OF HALIBUT BYCATCH ASSUMED

TO BE DEAD)—Continued

Gear and target Mortality

rate

Deep-water flatfish ................ 60

Flathead sole ........................ 58

Rex sole ................................ 61

Bottom pollock ...................... 61

Arrowtooth Flounder ............. 62

Atka mackerel ....................... 70

Sablefish ............................... 66

Other species ........................ 61

POT:

Pacific cod Other species ..... 14

Non-Exempt American Fisheries Act

(AFA) Catcher Vessel Groundfish

Harvest and PSC Limitations

One of the provisions implemented

under the AFA was to specify

groundfish harvesting and processing

limitations, also called sideboards, on

AFA catcher/processors and catcher

vessels in the GOA. These limitations

are considered necessary for fishermen

Federal Register / Vol. 67, No. 5 / Tuesday, January 8, 2002 / Rules and Regulations 993

and processors who have received

exclusive harvesting and processing

privilege under the AFA to protect the

interests of fishermen and processors

who have not directly benefitted from

the AFA. In the GOA, unrestricted AFA

catcher/processors are prohibited from

fishing for any species of fish and from

processing any groundfish harvested in

Statistical Area 630 of the GOA. The

Council recommended that certain AFA

catcher vessels in the GOA be exempt

from groundfish harvest limitations.

Exempted AFA catcher vessels in the

GOA are those less than 125 ft (38.1 m)

length overall whose annual BSAI

pollock landings totaled less than 5,100

mt and that made 40 or more GOA

groundfish landings from 1995 through

1997 (§ 679.63(b)(1)(i)(B)).

For non-exempt AFA catcher vessels

in the GOA, harvest limitations are

based upon their traditional harvest

levels of TAC in groundfish fisheries

covered by the GOA FMP. The amounts

of the groundfish harvest limits in the

GOA are based on the retained catch of

non-exempt AFA catcher vessels of each

sideboard species from 1995 through

1997 divided by the TAC for that

species over the same period

(§ 679.63(b)(1)(ii)(C)). For 2002, the ratio

of 1995 to 1997 non-exempt AFA

catcher vessel retained catch to the 1995

to 1997 TAC has been revised from 2001

by NMFS. These revisions are based

upon ADF&G editing of fish tickets and

NMFS editing of observer catch data

and weekly production reports. These

amounts are listed in Table 26. All

harvests of sideboard species made by

non-exempt AFA catcher vessels,

whether as targeted catch or bycatch,

will be deducted from the sideboard

limits in Table 26.

TABLE 26.—FINAL 2002 GOA NON-EXEMPT AFA CATCHER VESSEL (CV) GROUNDFISH HARVEST LIMITATIONS

(SIDEBOARDS) (VALUES ARE IN MT)

Species Apportionments and Allocations by Area/Season/processor/

Gear

Ratio of 1995–

1997 Non-Exempt AFA CV

Catch to

1995–1997

TAC

2002 TAC

2002 Non-Exempt AFA

Catcher Vessel Sideboard

Pollock .................................... A Season (W/C areas only).

January 20—February 25.

Shumagin (610) ...................................................................... 0.6112 2,916 1,782

Chirikof (620) .......................................................................... 0.1427 8,618 1,230

Kodiak (630) ............................................................................ 0.2438 1,122 274

B Season (W/C areas only).

March 10—May 31.

Shumagin (610) ...................................................................... 0.6112 2,916 1,782

Chirikof (620) .......................................................................... 0.1427 8,618 1,230

Kodiak (630) ............................................................................ 0.2438 1,122 274

C Season (W/C areas only).

August 25—September 15.

Shumagin (610) ...................................................................... 0.6112 5,949 3,636

Chirikof (620) .......................................................................... 0.1427 2,905 414

Kodiak (630) ............................................................................ 0.2438 3,803 927

D Season (W/C areas only).

October 1—November 1.

Shumagin (610) ...................................................................... 0.6112 5,949 3,636

Chirikof (620) .......................................................................... 0.1427 2,904 414

Kodiak (630) ............................................................................ 0.2438 3,803 927

Annual.

WYK (640) .............................................................................. 0.3499 1,165 408

SEO (650) ............................................................................... 0.3499 6,460 2,260

Pacific cod .............................. A Season 1.

January 1—June 10.

W inshore ................................................................................ 0.1423 9,098 1,295

offshore ................................................................................... 0.1026 1,011 104

C inshore ................................................................................. 0.0722 13,387 966

offshore ................................................................................... 0.0721 1,487 107

B Season 2.

September 1—December 31.

W inshore ................................................................................ 0.1423 6,066 863

offshore ................................................................................... 0.1026 674 69

C inshore ................................................................................. 0.0722 8,924 644

offshore ................................................................................... 0.0721 992 72

Annual.

January 1—December 31.

E inshore ................................................................................. 0.0079 2,332 18

Offshore .................................................................................. 0.0078 259 2

Flatfish deep-water ................. W ............................................................................................. 0.0000 180 0

C ............................................................................................. 0.0670 2,220 149

E .............................................................................................. 0.0171 2,480 42

Rex sole ................................. W ............................................................................................. 0.0010 1,280 1

C ............................................................................................. 0.0402 5,540 223

E .............................................................................................. 0.0153 2,650 41

Flathead sole .......................... W ............................................................................................. 0.0036 2,000 7

C ............................................................................................. 0.0261 5,000 130

E .............................................................................................. 0.0048 2,280 11

Flatfish shallow-water ............. W ............................................................................................. 0.0156 4,500 70

994 Federal Register / Vol. 67, No. 5 / Tuesday, January 8, 2002 / Rules and Regulations

TABLE 26.—FINAL 2002 GOA NON-EXEMPT AFA CATCHER VESSEL (CV) GROUNDFISH HARVEST LIMITATIONS

(SIDEBOARDS) (VALUES ARE IN MT)—Continued

Species Apportionments and Allocations by Area/Season/processor/

Gear

Ratio of 1995–

1997 Non-Exempt AFA CV

Catch to

1995–1997

TAC

2002 TAC

2002 Non-Exempt AFA

Catcher Vessel Sideboard

C ............................................................................................. 0.0598 13,000 777

E .............................................................................................. 0.0126 2,920 37

Arrowtooth flounder ................ W ............................................................................................. 0.0021 8,000 17

C ............................................................................................. 0.0309 25,000 772

E .............................................................................................. 0.0020 5,000 10

Sablefish ................................. W trawl gear ............................................................................ 0.0000 448 0

C trawl gear ............................................................................ 0.0720 1,086 78

WYK trawl gear ....................................................................... 0.0488 258 13

Pacific Ocean perch ............... W ............................................................................................. 0.0623 2,610 163

C ............................................................................................. 0.0866 8,220 712

E .............................................................................................. 0.0466 2,360 110

Shortraker/Rougheye ............. W ............................................................................................. 0.0000 220 0

C ............................................................................................. 0.0237 840 20

E .............................................................................................. 0.0124 560 7

Other rockfish ......................... W ............................................................................................. 0.0034 90 0

C ............................................................................................. 0.2065 550 114

E .............................................................................................. 0.0000 350 0

Northern rockfish .................... W ............................................................................................. 0.0003 810 0

C ............................................................................................. 0.0336 4,170 140

Pelagic shelf rockfish ............. W ............................................................................................. 0.0001 510 0

C ............................................................................................. 0.0000 3,480 0

E .............................................................................................. 0.0067 1,500 10

Thornyhead rockfish ............... W ............................................................................................. 0.0308 360 11

C ............................................................................................. 0.0308 840 26

E .............................................................................................. 0.0308 790 24

Demersal shelf rockfish .......... SEO ........................................................................................ 0.0020 350 1

Atka mackerel ......................... Gulfwide .................................................................................. 0.0309 600 19

Other species ......................... Gulfwide .................................................................................. 0.0090 11,330 102

Notes:1The Pacific cod A season for trawl gear does not open until January 20. 2The Pacific cod B season for trawl gear closes November 1.

PSC bycatch limits for non-exempt

AFA catcher vessels in the GOA are

based upon the ratio of aggregate

retained groundfish catch by nonexempt AFA catcher vessels in each

PSC target category from 1995 through

1997 relative to the retained catch of all

vessels in that fishery from 1995

through 1997 (§ 679.63(b)(1)(iii)). These

amounts are shown in Table 27.

TABLE 27.—FINAL 2002 NON-EXEMPT AFA CATCHER VESSEL PROHIBITED SPECIES CATCH (PSC) LIMITS FOR THE GOA

(VALUES ARE IN MT)

PSC species Target fishery and season

Ratio of 1995–

1997 non-exempt AFA CV

retained catch

to total retained catch

2002 PSC limit

2002 Non-exempt AFA

catcher vessel

PSC limit

Halibut (mortality in mt) .......... Trawl 1st Seasonal Allowance; January 20–April 1.

shallow water targets ............................................................. 0.340 450 153

deep water targets ................................................................. 0.070 100 7

Trawl 2nd Seasonal Allowance; April 1–June 30.

shallow water targets ............................................................. 0.340 100 34

deep water targets ................................................................. 0.070 300 21

Trawl 3rd Seasonal Allowance; June 30–Sept. 1.

shallow water targets ............................................................. 0.340 200 68

deep water targets ................................................................. 0.070 400 28

Trawl 4th Seasonal Allowance; Sept. 1–October 1.

shallow water targets ............................................................. 0.340 150 51

deep water targets ................................................................. 0.070 0 any remainder

from 3rd

season above

Trawl 5th Seasonal Allowance; October 1–December 31.

all targets ................................................................................ 0.205 300 62

Federal Register / Vol. 67, No. 5 / Tuesday, January 8, 2002 / Rules and Regulations 995

Closures

In accordance with § 679.20(d)(1)(i), if

the Regional Administrator determines

that the amount of a target species or

‘‘other species’’ category apportioned to

a fishery or, with respect to pollock and

Pacific cod, to an inshore or offshore

component allocation, will be reached,

the Regional Administrator may

establish a directed fishing allowance

for that species or species group. If the

Regional Administrator establishes a

directed fishing allowance, and that

allowance is or will be reached before

the end of the fishing year, NMFS will

prohibit directed fishing for that species

or species group in the specified GOA

Regulatory Area or district

(§ 679.20(d)(1)(iii)).

The Regional Administrator has

determined that the following TAC

amounts (Table 28) are necessary as

incidental catch to support other

anticipated groundfish fisheries for the

2002 fishing year.

TABLE 28.—INCIDENTAL CATCH NEEDED TO SUPPORT OTHER DIRECTED FISHERIES IN THE GOA IN 2002 (AMOUNTS ARE

IN MT)

Target Regulatory area Gear/component Amount

Atka Mackerel ........................................... Entire GOA ............................................... All .............................................................. 600

Thornyhead Rockfish ................................ Entire GOA ............................................... All .............................................................. 1,990

Shortraker and Rougheye Rockfish .......... Entire GOA ............................................... All .............................................................. 1,620

Other Rockfish .......................................... Entire GOA ............................................... All .............................................................. 990

Sablefish ................................................... Entire GOA ............................................... Trawl ......................................................... 1,792

Pollock ....................................................... Entire GOA ............................................... All/offshore ................................................ 0

Consequently, in accordance with

§ 679.20(d)(1)(i), the Regional

Administrator establishes the directed

fishing allowances for the above species

or species groups as zero and in

accordance with § 679.20(d)(1)(iii),

NMFS is prohibiting directed fishing for

those species, areas, gear types,

components, and seasons listed in Table

28.

Regulations at § 679.63(b)(1)(iv)

provide for management of AFA catcher

vessel groundfish harvest limits and

PSC bycatch limits using directed

fishing closures and PSC closures

according to procedures set out at

§ 679.20(d)(1)(iv) and § 679.21(d)(8).

The Regional Administrator has

determined that in addition to the

closures listed above, many of the nonexempt AFA catcher vessel sideboard

amounts listed in Table 26 are necessary

as incidental catch to support other

anticipated groundfish fisheries for the

2001 fishing year. In accordance with

§ 679.20(d)(1)(iv), the Regional

Administrator establishes these amounts

as directed fishing allowances. The

Regional Administrator finds that many

of these directed fishing allowances will

be reached before the end of the year.

Therefore, in accordance with

§ 679.20(d)(1)(iii), NMFS is prohibiting

directed fishing by non-exempt AFA

catcher vessels in the GOA for the

species and specified areas set out in

Table 29.

TABLE 29.—NON-EXEMPT AFA CATCHER VESSEL SIDEBOARD DIRECTED FISHING CLOSURES IN THE GOA

Species Regulatory Area/District Gear

Pelagic shelf rockfish ......................................................................................... Entire GOA ......................................................................... All.

Deep-water flatfish ............................................................................................. W and E GOA .................................................................... All.

Rex sole ............................................................................................................. W and E GOA .................................................................... All.

Flathead sole ..................................................................................................... W and E GOA .................................................................... All.

Arrowtooth Flounder .......................................................................................... W and E GOA .................................................................... All.

Northern rockfish ............................................................................................... W GOA ............................................................................... All.

Shallow-water Flatfish ........................................................................................ E GOA ................................................................................ All.

Pacific cod ......................................................................................................... E GOA ................................................................................ All.

Demersal shelf rockfish ..................................................................................... SEO District ........................................................................ All.

Response to Comments

NMFS received two letters of

comment in response to the July 17,

2001, emergency interim rule (66 FR

37167) that extended and modified

Steller sea lion protection measures and

harvest specifications through 2001. The

letters indicated concern about the

perceived inadequacy of the measures

in the emergency interim rule to protect

Steller sea lions, inadequacy of the

accompanying NEPA analysis, and

strength of data used for making

decisions. The comments are responded

to in this action because NMFS has

completed the analysis of the current

status of Steller sea lions and the

interactions with the groundfish

fisheries, making responses based on the

best scientific information available.

The changes made to Steller sea lion

protection measures by the July 17,

2001, emergency interim rule were

short-term changes that were likely to be

modified for 2002 and the comments

received were considered in the

development of 2002 protection

measures. Copies of the Environmental

Assessment (EA) for the extension of the

2001 Steller sea lion protection

measures and harvest specifications are

available from NMFS (see ADDRESSES).

Comment 1. One of the main reasons

for reducing 2001 protection measures

is to allow access to certain areas

important to commercial fisheries.

According to the economic analysis for

the 2001 protection measures, the

selection of Alternative 3 from the

Economic Assessment for the extension

of the 2001 emergency rule ensures

minimal economic impact. Minimizing

economic hardship is not a legitimate

reason for choosing protection

measures.

Response. Economic considerations

can be used as a basis for selecting

Steller sea lion protection measures

only from alternatives that avoid

jeopardizing the continued existence of

an endangered or threatened species

and that avoid destroying or adversely

modifying designated critical habitat.

996 Federal Register / Vol. 67, No. 5 / Tuesday, January 8, 2002 / Rules and Regulations

Because Alternative 2 and 3 met or

exceeded the level of protection

necessary to avoid the likelihood of

jeopardy and adverse modification of

critical habitat, NMFS was able to

choose between Alternatives 2 and 3

and selected the option less likely to

cause adverse economic impact. NMFS

determined that Alternative 2 would

have excessive adverse economic

impact; therefore, Alternative 3 was

chosen.

Comment 2. Recent telemetry data

analysis has led NMFS to reduce the

size of Steller sea lion protection areas.

Using the telemetry data in this way

ignores the facts that (1) Steller sea lions

forage beyond 10 nm of land, (2) the

telemetry data are biased because the

data are limited to Steller sea lions

likely to occur closer to shore (lactating

females and pups), and (3) NMFS is

required to prevent adverse

modification in all designated critical

habitat.

Response. The best available

information on the foraging patterns of

Steller sea lions was summarized in a

series of white papers by NMFS and the

Alaska Department of Fish and Game.

This information, along with historical

data, was incorporated into an October

2001 Section 7 consultation under the

ESA for the two populations of Steller

sea lions. This new information was

primarily gathered through satellite

telemetry on sea lions, observing their at

sea distribution, dive characteristics,

and haulout patterns. The data indicate

a strong preference among juveniles and

lactating females to remain close to

shore, generally within 10 nm. Some

trips by tagged sea lions went beyond 10

nm; however, these were infrequent and

often much longer trips going well

beyond the boundaries of critical

habitat. About 90 percent of the at-sea

observations of these tagged animals

were within 10 nm from shore.

NMFS recognizes certain limitations

in the data that could create undetected

biases; these were described in detail in

the biological opinion. However, at this

time, NMFS has no data to support

these possible biases and has no reason

to believe that the data mis-represent

the at sea distribution of these animals.

Little detailed information exists on the

foraging patterns of adult males, mostly

due to the difficulty in capturing and

tagging these large animals. Anecdotal

observations, including the Platform of

Opportunity (POP) database, indicated

that adult males forage over very large

areas, often many miles from shore.

Additionally, the available data suggest

that the lack of juvenile survival may be

the greatest cause of the decline, further

supporting the use of the telemetry

information as a reasonable description

of the foraging areas important to Steller

sea lions.

In 2002, numerous areas will receive

greater protection than in the past; many

sites will be protected out to 20 nm as

well as parts of the sea lion aquatic

foraging areas. NMFS used a zonal

approach for closure areas, prohibiting

nearly all fishing for the three species

within 3 nm from rookeries and

haulouts; limited fishing from 3–10 nm

by gear types less likely to cause

localized depletions of prey; and finally

prohibiting fishing with trawl gear from

10–20 nm from most sites. Over the next

1–2 years, the Steller Sea Lion Recovery

Team will evaluate the most up to date

scientific and commercial data and

make recommendations to NMFS on the

appropriate boundaries for Steller sea

lion critical habitat. NMFS has

determined that the limited fishing that

is expected to occur in critical habitat

would not adversely modify or destroy

that critical habitat.

Comment 3. Observed increases in

some population segments of Steller sea

lions is no reason for reducing

protection measures in those localized

areas.

Response. In developing protection

measures for 2002, the entire western

population of Steller sea lions was taken

into account. In most cases, where an

area was experiencing greater decline,

greater protection was provided.

Conversely, in some regions with

consistent population increases such as

Amak Island, the trawl closure zones

were actually reduced. Although NMFS

did consider some local population

trend analyses, the policy was to

minimize the impacts on the entire

population in order to get a resulting

population trajectory that was better

than the expected trajectory from the

RPA from the November 2000 Biological

Opinion. NMFS does not believe that it

has adequate information on the subpopulations of sea lions or their prey

resources in the western stock to

implement management measures that

rely on the underlying site-by-site trend

of the prey biomass estimates on

similarly small scales.

Comment 4. The EA improperly tiers

off the 1998 SEIS and the 2001 Draft

Programmatic SEIS. A full

environmental impact statement should

have been developed.

Response. The EA incorporated

relevant and accurate discussion and

analysis in the 1998 SEIS. The EA did

not tier off of the draft programmatic

SEIS but it did reference a significant

amount of analysis that may be found in

that document. This was the latest

scientific information available

regarding the harvest specifications and

it was appropriate to reference this

material.

A full environmental impact

statement was not developed for the

emergency interim rule extension

because the short term nature of the

action with the protection measures

proposed made a significant impact on

the environment unlikely, making an

environmental impact statement

unnecessary. An environmental impact

statement for the 2002 Steller sea lion

protection measures was in the process

of being developed and has been

completed for this action.

Comment 5. Many of the comments

submitted for the draft Programmatic

SEIS also apply to the EA. These

comments should also be included with

the emergency interim rule extension

record.

Response. Comments received on the

draft Programmatic SEIS are in the

process of being reviewed by NMFS and

will be addressed in the final

Programmatic SEIS. The comments are

included in the administrative record

for the July 17, 2001, emergency interim

rule extension.

Comment 6. The management

decisions determining the 2001

protection measures were based on scat

data indicating that a diversity of prey

is consumed throughout the year. These

data consistently indicated that pollock,

Atka mackerel, and Pacific cod were the

three most common prey items and that

stricter proactive action was needed.

Response. In an analysis by Sinclair

and Zeppelin (submitted for

publication), scat samples were

collected and analyzed from 1991–1998.

That paper concluded that pollock,

Pacific cod, Atka mackerel, and salmon

were the most commonly found four

prey items for Steller sea lions based

upon the animals sampled. NMFS is

implementing Steller sea lion

conservation measures for the fisheries

for the three species managed by NMFS

under the groundfish FMPs.

Comment 7. The telemetry data was

based on 100 animals, primarily

mothers and nursing pups, and the

sightings were from the summer. One

cannot assume similar behavior during

other times of the year. The data also

miss the sub-adults which are

experiencing the greatest rate of decline.

Response. The available information

on the at-sea distribution of Steller sea

lions is quite large, but admittedly

incomplete. Numerous research projects

are under way to attempt to obtain more

information on the distribution of the

animals NMFS considers to be most atrisk. Currently, the best available

information indicates that juvenile and

Federal Register / Vol. 67, No. 5 / Tuesday, January 8, 2002 / Rules and Regulations 997

lactating females generally stay within

10 nm of shore during the summer, and

perhaps make longer trips in the winter

period as described in the biological

opinion and associated white papers.

NMFS is implementing management

measures which avoid adverse impacts

to these sensitive areas and time periods

for Steller sea lions.

One letter of comments was received

by NMFS on the draft EA prepared for

the 2002 TAC specifications. A

summary of the comments and NMFS’

response follows:

Comment 1. The TAC setting process

framework used by the Council and

NMFS is inconsistent with the

Magnuson-Stevens Act and the national

standard guidelines because the North

Pacific groundfish fisheries do not have

overfishing status assessments

consisting of both a maximum fishing

mortality threshold and a minimum

stock size threshold (MSST). Thus,

NMFS and the Council lack criteria for

determining whether stocks are

overfished and thus subject to

rebuilding plans.

The overfishing definitions employed

by NMFS and the Council under

Amendments 56/56 to the groundfish

FMPs allow a stock abundance to drop

to B2% before harvest no longer is

permitted. This policy allows for a

species to be fished to the edge of

extinction, with being declared

overfished and for fishing efforts to be

abandoned only at the edge of

extinction. Thus, the 2002 TAC

specifications are not in compliance

with the Magnuson-Stevens Act. The

failure of the Council and NMFS to

adopt explicit MSSTs, to declare species

as overfished, and to then institute

multi-faceted ‘‘rebuilding’’ endangers

the health of individual stocks already

at low abundance levels. This, in turn,

has significant impacts on the BSAI and

GOA ecosystems and renders the

analysis in the EA insufficient for NMFS

to determine that the impacts on target

species and the ecosystems as a whole

are ‘‘insignificant.’’

Response. NMFS disagrees that the

2002 TAC specifications violate national

standard 1 or the Magnuson-Stevens

Act. The harvest control rules set forth

in Amendments 56/56 (64 FR 10952,

March 8, 1999) define OFL and

constrain ABC for stocks managed

under the fishery management plans for

BSAI and GOA groundfish. In approving

Amendments 56/56 (64 FR 10953,

March 8, 1999), the Secretary of

Commerce considered public comments

submitted on the proposed

amendments, including concerns that

the amendments do not specify an

MSST, and determined that the

reasonable proxy for MSST is contained

in the overfishing definitions and

associated control rules are in

compliance with national standard 1

and all other provisions of the

Magnuson-Stevens Act.

Nonetheless, every stock managed

under tiers 1–3 (defined under

Amendments 56/56) of the BSAI and

GOA groundfish FMPs was evaluated

with respect to its MSST in the most

recent SAFE reports. The TAC

specifications use harvest control rules

that are related to the MSY-based

management required by the Magnuson

Act. The control rules used to define

OFL and the maximum permissible ABC

restrict fishing at all stock sizes, not just

at stock sizes below 5 percent of the

MSY level. Not only is fishing restricted

at all stock sizes, it is restricted in a

conservative manner.

NMFS notes that the Steller sea lion

protection measures recommended by

the Council in October 2001, approved

by NMFS, and described above under

Part I of this preamble to the emergency

interim rule, include a conservative

modification of the existing harvest

control rule for pollock, Pacific cod, and

Atka mackerel.

Comment 1 appears to presume that

harvest control rules can, by themselves,

force stock biomass to increase. In fact,

harvest control rules are rules used to

control harvest, not biomass. All harvest

control rules ‘‘allow’’ a depleted stock to

remain at a low abundance level

indefinitely, because no harvest control

rule can control the size of incoming

year classes. However, the control rules

adopted in Amendments 56/56 are

explicitly designed to be precautionary,

especially in the context of managing

stocks whose biomass have fallen below

reference levels.

In 1998, NMFS did prepare a

Supplemental Environmental Impact

Statement (SEIS) on the TAC setting

process. NMFS also recognizes that in a

July 8, 1999 order, amended on July 13,

1999, the Court in Greenpeace v. NMFS,

Civ No. 98–0492 (W.D. Wash.) held that

the 1998 SEIS was too limited in scope

by not adequately addressing aspects of

the GOA and BSAI groundfish fishery

management plans other than TAC

setting and, therefore, was insufficient

in scope under the National

Environmental Policy Act. In response

to the Court’s order, NMFS prepared a

new 2001 draft programmatic SEIS for

the GOA and BSAI groundfish fishery

management plans. In response to

public comments and internal agency

review, NMFS has determined that the

draft 2001 programmatic SEIS should be

revised to include additional analyses

concerning environmental, economic,

and cumulative impacts; to restructure

alternatives; and to more clearly define

the proposed action. The revised draft

programmatic SEIS is scheduled to be

distributed for public review and

comment late Fall 2002.

Notwithstanding the less expansive

scope of the 1998 SEIS, NMFS believes

that the discussion and analysis of

impacts and alternatives in the 1998

SEIS, which focused on the issue of

TAC setting, is directly applicable to the

EA prepared in support of this actionthe setting of TACs for the 2002 fishery.

Consequently, the EA adopts the

discussion and analysis in the 1998

SEIS, as well as pertinent sections of the

2001 draft programmatic SEIS.

Finally, NMFS believes that the

extensive discussion and analysis of the

environmental impacts associated with

various levels of TACs in the 1998

SEIS’s and in the draft 2001

programmatic SEIS, coupled with the

2002 TAC EA’s additional discussion,

provide ample support for its

determination that the 2002

specifications will not have significant

environmental impacts.

Comment 2. Given the concerns

expressed in Comment 1, above, many

groundfish stocks are below Bmsy and

the 2002 TACs even would allow

fishing on a number of stocks below B2%

without triggering a rebuilding plan,

including GOA Greenland turbot, Bering

Sea northern rockfish, GOA vermillion

rockfish, and GOA Atka mackerel. The

EA is deficient because the preferred

alternative does not acknowledge that

some species presently are at or

approaching an ‘‘overfished’’ condition.

The EA’s failure to recognize overfished

species means that the impacts to the

ecosystem as a whole are not adequately

analyzed. The NEPA analysis should

look at the direct, indirect, cumulative,

and synergistic effects of allowing TACs

on species with very low biomasses.

Response. Currently, the best

scientific information available

indicates that no stock managed under

the BSAI or GOA groundfish FMPs is

being subjected to an inappropriate

harvest rate and that no stock managed

under tiers 1–3 of the BSAI or GOA

groundfish FMPs are overfished. NMFS

acknowledges that it is currently not

possible to determine the status of

stocks in tiers 4–6 with respect to their

MSSTs because stocks qualify for

management under these tiers only if

the best scientific information available

is insufficient to estimate the relevant

biological reference points.

Currently, the best scientific

information available indicates that no

stock managed under the BSAI or GOA

groundfish fishery management plans is

998 Federal Register / Vol. 67, No. 5 / Tuesday, January 8, 2002 / Rules and Regulations

being subjected to an inappropriate

harvest rate, and that no stock managed

under the groundfish FMPs is

overfished. NMFS believes, therefore,

that the 2002 TAC specifications reflect

the correct use of MSSTs.

The EA addresses uncertainty and

ecosystem considerations associated

with each stock assessment and

acknowledges that all of the groundfish

species are predators or prey at some

stage of life. A review of ecosystem

status and trends also was provided in

the ecosystems chapter of the SAFE

reports.

Comment 3. The concept of

combining rockfish assemblages masks

the fact that individual species currently

are at an overfished level and the EA

does not adequately analyze the present

status of these long lived species.

Specifically, the EA fails to analyze

their biomass in relation to an

overfished determination criterion that

complies with the Magnuson-Stevens

Act.

Response. NMFS disagrees that

rockfish species are at an overfished

level. However, NMFS does agree that

potential concerns about

disproportionate harvest relative to

abundance of species within groups or

assemblages could be at least partially

addressed if existing complexes or

assemblages were broken out to separate

species and managed accordingly.

Species within the rockfish assemblages

tend to reflect tiers 4 or 5 stocks and it

is not possible to determine whether

any species is overfished or whether it

is approaching an overfished condition.

Difficulties exist in working towards

species specific management for

existing assemblages, particularly for

some of the rockfish assemblages. Most

paramount of these difficulties is the

collection of adequate species specific

catch data upon which to monitor and

manage species specific TACs. NMFS is

working with its North Pacific Observer

Program and stock assessment scientists

to address this issue for 2003 and arrive

at a subsampling protocol for rockfish

species to meet this need. At that time,

enhanced species specific management

may be possible, notwithstanding other

management issues that arise from very

small TAC amounts.

Classification

The Administrator, Alaska Region,

NMFS (Regional Administrator), has

determined that this rule is necessary

for the conservation and management of

the groundfish fisheries of the BSAI and

GOA. The Regional Administrator also

has determined that this emergency

interim rule is consistent with the

Magnuson-Stevens Act and other

applicable laws. No relevant Federal

rules exist that may duplicate, overlap,

or conflict with this action.

The Steller sea lion protection

measures have been determined to be

significant for purposes of Executive

Order 12866 and a regulatory impact

review was prepared. The regulatory

impact review is available from NMFS

as part of the final SEIS. (see

ADDRESSES).

Consistent with the National

Environmental Policy Act, NMFS

prepared an environmental assessment

for the TAC specifications portion of

this action. NMFS also prepared an SEIS

for the Steller sea lion protection

measures; a notice of availability of the

draft SEIS was published in the Federal

Register on August 31, 2001 (66 FR

45984). Comments were received and

responded to in the final SEIS and the

final document was issued November

23, 2001 (66 FR 58734). The final SEIS

and EA are available from NMFS (see

ADDRESSES). Based on a comparison of

the effects of the other alternatives in

the SEIS, NMFS determined that this

action meets the ESA requirements for

Steller sea lion protection and

environmental protection without

providing extreme economic hardship

that was anticipated from the most

environmentally desirable alternative.

Potential adverse impacts on marine

mammals resulting from fishing

activities conducted under this

emergency interim rule are discussed in

the EA and final SEIS for this action.

This rule contains and refers to

collection-of-information requirements

subject to the Paperwork Reduction Act.

The requirement for a vessel fishing

permit has been approved under OMB

control number 0648–0444 (expiration

date May 31, 2002). The estimated

response time for an application to

amend a permit and register for the Atka

mackerel, pollock, or Pacific cod

directed fisheries is 31 minutes. The

CDQ reporting requirement has been

approved by the OMB and issued OMB

control number 0648–0269, expiration

date October 31, 2004. Public reporting

burden of CDQ collection of information

is estimated to be an average of 15

minutes per response for a CDQ catch

report. This time includes the time for

reviewing instructions, gathering and

maintaining the data needed, and

completing and reviewing the collection

of information.

The requirement to install and use a

VMS has been approved under OMB

control number 0648–0445 (expiration

date June 30, 2002). The response times

for VMS-related requirements are 6

hours to install a unit, 12 minutes to fax

a check-in report that the VMS is

operational, 5 seconds per automated

position report, and 4 hours per year for

VMS maintenance.

The response-time estimates above

include the time for reviewing

instructions, searching existing data

sources, gathering and maintaining the

data needed, and completing and

reviewing the collection of information.

Send comments regarding these burden

estimates, or any other aspect of these

data collections, including suggestions

for reducing the burden, to NMFS (see

ADDRESSES) and to the Office of

Information and Regulatory Affairs,

Office of Management and Budget,

Washington, DC 20503 (Attn: NOAA

Desk Officer).

Notwithstanding any other provisions

of the law, no person is required to

respond to, and no person shall be

subject to a penalty for failure to comply

with a collection of information subject

to the requirements of the PRA, unless

that collection of information displays a

currently valid OMB control number.

A formal section 7 consultation under

the ESA was initiated for this

emergency interim rule under the FMPs

for the groundfish fisheries of the BSAI

and the GOA. In biological opinions

dated October 17, 2001, December 22,

1999, and December 23, 1999, the

Director of the Office of Protected

Resources determined that fishing

activities conducted under the

emergency interim rule are not likely to

jeopardize the continued existence of

any endangered or threatened species or

result in the destruction or adverse

modification of critical habitat. In a

memorandum dated December 11, 2001,

from the Office of Protected Resources

to the Office of Sustainable Fisheries,

the 1999 BiOps were extended for one

year from January 1, 2002, for purposes

of this action. This emergency interim

rule is consistent with the objectives for

Steller sea lion protection measures

implemented in 2001 under section

209(c)(6) of Public Law 106–554, the

ESA, and other applicable laws.

NMFS is establishing the 2002 TAC

specifications for the BSAI and GOA by

this emergency interim rule. The normal

procedure of publishing proposed,

interim, and final TAC specifications

was not followed in 2002 because the

information needed to establish the

harvest specifications did not become

available until mid-November and the

Council recommendations were not

received by NMFS until December 11,

2001. Analysis of the action and the

preparation of the Federal Register

notification could not be completed

until the Council recommendations

were received for the final specifications

as well as the Steller sea lion protection

Federal Register / Vol. 67, No. 5 / Tuesday, January 8, 2002 / Rules and Regulations 999

measures, of which the specifications

are an integral part and must be in place

by January 1, 2002, to allow the orderly

commencement of the 2002 groundfish

fisheries. Accordingly, it is

impracticable to provide prior notice

and an opportunity for public comment,

or to delay for 30 days the effective date

of this rule. Further, it would be

contrary to the public interest to delay

the start of the season to allow for prior

notice, an opportunity for public

comment, and for a 30-day delay in the

effective date. Therefore, good cause

exists to waive those requirements

pursuant to 5 U.S.C. 553(b)(3). For the

same reason, good cause exists to waive

the 30-day delay in effective date.

Accordingly, under 5 U.S.C. 553(d)(3), a

delay in the effective date is hereby

waived. Because prior notice and

opportunity for public comment are not

required for this emergency interim rule

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. Therefore, no

regulatory flexibility analysis has been

prepared.

List of Subjects in 50 CFR Part 679

Alaska, Fisheries, Recordkeeping and

reporting requirements.

Dated: December 27, 2001.

Rebecca Lent,

Deputy Assistant Administrator for Fisheries,

National Marine Fisheries Service.

For 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.; 3631 et seq.; Title II of Division C, Pub.

L. 105–277; Sec. 3027, Pub. L. 106–31; 113

Stat. 57; 16 U.S.C. 1540(f); and Sec. 209, Pub.

L. 106–554.

2. In § 679.2, the definitions for

‘‘Steller Sea Lion Protection Areas’’ and

paragraph (5) under ‘‘Directed Fishing’’

are suspended until July 8, 2002, and

definitions for ‘‘Harvest limit area for

platoon managed Atka mackerel

directed fishing’’, ‘‘Inshore component

in the GOA’’, and ‘‘Offshore component

in the GOA’’ are added in alphabetical

order to read as follows:

§ 679.2 Definitions.

* * * * *

Harvest limit area for platoon

managed Atka mackerel directed fishing

(applicable through July 8, 2002) for the

purposes of §§ 679.4(b)(5)(iv),

679.20(a)(8)(ii) and (iii) and

679.22(a)(12)(iv)(A), means the waters of

statistical areas 542 and 543 west of

178° W long. within 20 nm seaward of

sites listed in Table 24 of this part and

located west of 177.58° W long.

* * * * *

Inshore component in the GOA

(applicable through July 8, 2002) means

the following three categories of the U.S.

groundfish fishery that process

groundfish harvested in the BSAI or

GOA:

(1) Shoreside processing operations;

(2) Vessels less than 125 ft (38.1 m)

LOA that process no more than 126 mt

per week in round-weight equivalents of

an aggregate amount of pollock and

Pacific cod; and

(3) Vessels that process pollock or

Pacific cod, harvested in a directed

fishery for those species, at a single

geographic location in Alaska State

waters during a fishing year.

* * * * *

Offshore component in the GOA

(applicable through July 8, 2002) means

all vessels not included in the definition

of ‘‘inshore component in the GOA’’

that process groundfish in the BSAI or

GOA.

* * * * *

3. In § 679.4, paragraphs (b)(5)(iv)(E)

and (F) are added to read as follows:

§ 679.4 Permits.

* * * * *

(b) * * *

(5) * * *

(iv) * * *

(E) (Applicable through July 8, 2002)

If the vessel will be using pot, hook-andline, or trawl gear in the directed

fisheries for pollock, Atka mackerel or

Pacific cod in the GOA or in the BSAI.

(F) (Applicable through July 8, 2002)

If the vessel owner will be fishing in the

harvest limit area in Statistical Areas

542 or 543 in the directed fishery for

Atka mackerel.

* * * * *

4. In § 679.5, paragraph

(n)(2)(iii)(A)(4) is added to read as

follows:

§ 679.5 Recordkeeping and reporting.

* * * * *

(n) * * *

(2) * * *

(iii) * * *

(A) * * *

(4) (Applicable through July 8, 2002)

Indicate the intended target species.

* * * * *

5. In § 679.7, paragraphs (a)(11), (b),

(d)(16), and (d)(23) are suspended until

July 8, 2002, paragraph (c)(3) is

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

2002, until July 8, 2002, and paragraphs

(a)(7)(iii) through (vii), (a)(17), (a)(18),

(a)(19), (d)(26), (j), and (k) are added to

read as follows:

§ 679.7 Prohibitions.

* * * * *

(a) * * *

(7) * * *

(iii) (Applicable through July 8, 2002)

Operate any vessel in the BSAI under

both the ‘‘inshore component in the

GOA’’ and the ‘‘offshore component in

the BSAI’’ or under both the ‘‘offshore

component in the GOA’’ and the

‘‘inshore component in the BSAI’’

definitions in § 679.2 during the same

fishing year.

(iv) (Applicable through July 8, 2002)

Operate any vessel in the GOA in more

than one of the three categories

included in the definitions of ‘‘inshore

component in the GOA,’’ in § 679.2,

during any fishing year.

(v) (Applicable through July 8, 2002)

Operate any vessel in the GOA under

both the ‘‘inshore component in the

GOA’’ and the ‘‘offshore component in

the GOA’’ definitions in § 679.2 during

the same fishing year.

(vi) (Applicable through July 8, 2002)

Operate any vessel in the GOA under

both the ‘‘inshore component in the

GOA’’ and the ‘‘offshore component in

the BSAI’’ or under both the ‘‘offshore

component in the GOA’’ and the

‘‘inshore component in the BSAI’’

definitions in § 679.2 during the same

fishing year.

(vii) (Applicable through July 8, 2002)

Operate any vessel that processes

pollock or Pacific cod, harvested in a

directed fishery for those species, at a

single location in Alaska State waters

under the ‘‘inshore component in the

BSAI’’ and the ‘‘inshore component in

the GOA’’ definitions in § 679.2 during

the same fishing year.

* * * * *

(17) Tender vessel (applicable through

July 8, 2002).

(i) Use a catcher vessel or catcher/

processor as a tender vessel before

offloading all groundfish or groundfish

product harvested or processed by that

vessel.

(ii) Use a catcher vessel or catcher/

processor to harvest groundfish while

operating as a tender vessel.

(18) Pollock, Pacific Cod, and Atka

Mackerel Directed Fishing and VMS

(applicable 1200 hours, A.l.t., June 10,

2002, through July 8, 2002). When a

vessel using pot, hook-and-line, or trawl

gear in the BSAI or GOA is authorized

under § 679.4(b)(5)(iv)(E) to participate

in the Atka mackerel, Pacific cod, or

pollock directed fisheries; conduct

directed fishing for groundfish or for

Pacific halibut IFQ under § 679.4(d),

1000 Federal Register / Vol. 67, No. 5 / Tuesday, January 8, 2002 / Rules and Regulations

unless the vessel carries an operable

NMFS-approved Vessel Monitoring

System (VMS) transmitter and complies

with the requirements in § 679.28(f) at

all times any of these directed fisheries

which the vessel is authorized for is

open.

(19) Atka Mackerel Harvest Limit

Area Groundfish Prohibition (applicable

through July 8, 2002). For vessels

registered for the Atka mackerel harvest

limit area directed fishery under

§ 679.20(a)(8)(iii), conduct directed

fishing for groundfish, other than Atka

mackerel in an assigned harvest limit

area directed fishery under

§ 679.20(a)(8)(iii), during the time

period that the first Atka mackerel

directed fishery assigned to the vessel

under § 679.20(a)(8)(iii)(B) is open.

* * * * *

(d) * * *

(26) (Applicable through July 8, 2002)

Use any groundfish CDQ species as a

basis species for calculating retainable

amounts of non-CDQ species under

§ 679.20.

* * * * *

(j) Prohibitions specific to the GOA

(applicable through July 8, 2002)—(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 during a trip, more than

300,000 lb (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.

(k) Prohibitions specific to AFA

(applicable January 15, 2002, through

July 8, 2002) It is unlawful for any

person to do any of the following:

(1) Catcher vessels. Use an AFA

catcher vessel to retain any BSAI crab

species unless the catcher vessel’s AFA

permit contains a crab sideboard

endorsement for that crab species.

(2) Crab processing limits. It is

unlawful for an AFA entity that

processes pollock harvested in the BSAI

directed pollock fishery by an AFA

inshore or AFA mothership catcher

vessel cooperative to use an AFA crab

facility to process crab in excess of the

crab processing sideboard cap

established for that AFA inshore or

mothership entity. The owners and

operators for the individual entities

comprising the AFA inshore or

mothership entity will be held jointly

and severally liable for any overages of

the AFA inshore or mothership entity’s

crab processing sideboard cap.

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

(a)(5)(ii)(B), (a)(7)(i)(C)(2), (a)(7)(i)(C)(3),

(a)(7)(ii)(A), (a)(7)(iii)(A), (a)(7)(iii)(B),

(f)(2), and (f)(3) are suspended until July

8, 2002, and paragraphs (a)(5)(i)(B),

(a)(5)(i)(F), (a)(5)(ii)(C), (a)(6)(ii),

(a)(6)(iii), (a)(7)(i)(C)(4), (a)(7)(i)(C)(5),

(a)(7)(ii)(D) and (E), (a)(7)(iii)(D),

(a)(8)(ii)(C), (a)(8)(iii), (a)(11), (b)(2)(i),

(b)(2)(ii), (d)(4), and (f)(4) are added to

read as follows:

§ 679.20 General limitations.

* * * * *

(a) * * *

(5) * * *

(i) * * *

(B) BSAI seasonal allowances

(applicable through July 8, 2002)—(1)

Inshore, catcher/processor, mothership,

and CDQ components. The portions of

the BS subareas pollock directed fishing

allowances 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)(5), as

follows: A Season, 40 percent; B Season,

60 percent.

(2) Inseason adjustments. Within any

fishing year, the Regional Administrator

will add or subtract any under harvest

or over harvest of a seasonal allowance

for a component to the subsequent

seasonal allowance for the component

through notification published in the

Federal Register.

* * * * *

(F) Steller sea lion conservation area

harvest limit (applicable through July 8,

2002).

(1) For each component under

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

American Fisheries Act and for the open

access fishery, no more than 28 percent

of the annual pollock directed fishery

allowance may be taken from the Steller

sea lion conservation area (SCA) before

April 1. The SCA is defined at

§ 679.22(a)(11)(vii).

(2) After April 1, the unharvested

amount available in the SCA before

April 1 is available for directed fishing

either within or outside the SCA during

the remainder of the A season.

(ii) * * *

(C) GOA seasonal apportionments

(applicable through July 8, 2002). Each

apportionment established under

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

will be divided into four seasonal

apportionments corresponding to the

four fishing seasons set out at

§ 679.23(d)(3) of this part as follows: A

Season, 25 percent; B Season, 25

percent; C Season, 25 percent; D Season,

25 percent. Within any fishing year,

under harvest or over harvest of a

seasonal apportionment may be added

to or subtracted from remaining

seasonal apportionments in a manner to

be determined by the Regional

Administrator, provided that any

revised seasonal apportionment does

not exceed 30 percent of the annual

TAC apportionment for the combined

GOA Western and Central Regulatory

Areas.

(6) * * *

(ii) GOA pollock (applicable through

July 8, 2002). The apportionment of

pollock in all GOA regulatory areas and

for each seasonal apportionment

described in paragraph (a)(5)(ii) of this

section will be allocated entirely to

vessels catching pollock for processing

by the inshore component in the GOA

after subtraction of an amount that is

projected by the Regional Administrator

to be caught by, or delivered to, the

offshore component in the GOA

incidental to directed fishing for other

groundfish species.

(iii) GOA Pacific cod (applicable

through July 8, 2002). The

apportionment of Pacific cod in all GOA

regulatory areas will be allocated 90

percent to vessels catching Pacific cod

for processing by the inshore

component in the GOA and 10 percent

to vessels catching Pacific cod for

processing by the offshore component in

the GOA.

(7) * * *

(i) * * *

(C) * * *

(4) (Applicable through July 8, 2002)

Harvest of Pacific cod made by catcher

vessels less than 60 ft (18.3 m) LOA

using pot gear:

(i) Will accrue against the 18.3 percent

specified in paragraph (a)(7)(i)(C)(1)(iii)

of this section when the Pacific cod

fishery for vessels equal to or greater

than 60 ft (18.3 m) LOA using pot gear

is open.

(ii) Will accrue against the 1.4 percent

specified in paragraph (a)(7)(i)(C)(1)(iv)

of this section when the Pacific cod

fishery for vessels equal to or greater

than 60 ft (18.3 m) LOA using pot gear

is closed.

(5) (Applicable through July 8, 2002)

Harvest of Pacific cod made by catcher

vessels less than 60 ft (18.3 m) LOA

using hook-and-line gear:

(i) Will accrue against the 0.3 percent

specified in paragraph (a)(7)(i)(C)(1)(ii)

of this section when the Pacific cod

fishery for vessels equal to or greater

than 60 ft (18.3 m) LOA using hook-andline gear is open.

Federal Register / Vol. 67, No. 5 / Tuesday, January 8, 2002 / Rules and Regulations 1001

(ii) Will accrue against the 1.4 percent

specified in paragraph (a)(7)(i)(C)(1)(iv)

of this section when the Pacific cod

fishery for vessels equal to or greater

than 60 ft (18.3 m) LOA using hook-andline gear is closed.

* * * * *

(ii) * * *

(D) Reallocation within the trawl

sector (applicable through July 8, 2002).

If, during a fishing season, the Regional

Administrator determines that either

catcher vessels using trawl gear or

catcher/processors using trawl gear will

not be able to harvest the entire amount

of Pacific cod in the BSAI allocated to

those vessels under paragraph (a)(7)(i)

or (a)(7)(ii)(C) of this section, he/she

may reallocate the projected unused

amount of Pacific cod to vessels using

trawl gear in the other trawl component

through notification in the Federal

Register before any reallocation to

vessels using other gear type(s).

(E) Unused seasonal allowance for

trawl (applicable through July 8, 2002).

Any unused portion of a seasonal

allowance of Pacific cod for vessels

using trawl gear under paragraph

(a)(7)(i)(C) of this section may be

reapportioned by the Regional

Administrator, through notification

published in the Federal Register, to the

subsequent seasonal allocations for

vessels using trawl gear.

(iii) * * *

(D) Seasonal apportionment and gear

allocations (applicable through July 8,

2002). The Pacific cod BSAI gear

allocations and apportionments by

seasons, as specified in § 679.23 (e)(6),

are as follows:

Gear type A season

(percent)

B season

(percent)

C season

(percent)

Trawl .................................................................................................................................................................... 60 20 20

Trawl CV .............................................................................................................................................................. 70 10 20

Trawl CP .............................................................................................................................................................. 50 30 20

Hook-and-line ≥60 ft (18.3 m) LOA, non-CDQ pot vessels ≥60 ft (18.3 m) LOA, and jig vessels ..................... 60 40

All other nontrawl vessels .................................................................................................................................... No seasonal apportionment.

CV = catcher vessels.

CP = catcher/processor vessels.

(8) * * *

(ii) * * *

(C) Atka mackerel harvest limit area

(applicable through July 8, 2002).

Harvest of Atka mackerel is limited in

the harvest limit area, as defined in

§ 679.2, as follows:

(1) For the Atka mackerel harvest

limit area as defined in § 679.2, the

Regional Administrator will establish a

harvest limit of no more than 60 percent

of the seasonal TAC as specified in

paragraph (a)(8)(ii)(A) of this section. (2) CDQ fishing. A CDQ group is

prohibited from exceeding the CDQ

portion of the percentage of annual Atka

mackerel in the Western and/or Central

districts of the AI specified in paragraph

(a)(8)(ii)(C)(1) of this section for the

harvest limit area as defined in § 679.2.

(iii) Platoon management of Atka

mackerel harvest limit area directed

fishing (applicable through July 8,

2002)—(A) Registration. All vessels

using trawl gear for directed fishing for

Atka mackerel in the harvest limit area,

as defined in § 679.2, are required to

register with NMFS by January 15, 2002.

To register, the vessel owner or operator

must provide information required by

§ 679.4(b)(5)(iv) for an endorsement to

the vessel’s Federal fishery permit

issued under § 679.4.

(B) Platoon assignment. For each

season, NMFS will manage the harvest

limit area fishery for the vessels

registered to fish in areas 542 or 543

under paragraph (a)(8)(iii)(A) of this

section as follows:

(1) Lottery. The Regional

Administrator or his/her designee

randomly will assign each vessel to a

platoon for one of two directed fisheries

for each statistical area in which the

vessel is registered under paragraph

(a)(8)(iii)(A) of this section. Each

platoon within a statistical area will be

assigned an equal number of vessels

unless there is an odd number of vessels

registered under paragraph (a)(8)(iii)(A)

of this section. In the case of an odd

number of vessels, the Regional

Administrator will assign one additional

vessel to one platoon. Vessels

registering under paragraph (a)(8)(iii)(A)

of this section to fish in both area 542

and area 543 will be randomly assigned

to a harvest limit area directed fishery

in area 542 and will be placed in the

area 543 harvest limit area directed

fishery occurring at an alternate time

during the season.

(2) Notification. The Regional

Administrator will provide the results of

the lottery under (a)(8)(iii)(B)(1) of this

section by notification published in the

Federal Register and other means of

practicable notification.

(C) Harvest limit area directed

fisheries. 48 hours after a seasonal

closure of the area 541 Atka mackerel

directed fishery, the Regional

Administrator will open the directed

fisheries within the harvest limit area in

areas 542 and 543, as defined at § 679.2.

The Regional Administrator will

provide notification by publication in

the Federal Register of the opening and

closure date of the directed fisheries, as

determined by paragraph (a)(8)(iii)(E) of

this section. Closures specified in Table

24 of this part and in § 679.22(a)(12)

will remain in effect.

(D) Harvest limit area harvest limit.

The Regional Administrator will

establish the harvest limit for each

harvest limit area directed fishery for

areas 542 and 543 based on the seasonal

apportionment at paragraph (a)(8)(ii)(C)

of this section and in proportion to the

number of vessels in a platoon

compared to the total number of vessels

participating in the harvest limit area

directed fishery for area 542 or 543

during a season.

(E) Harvest limit area directed

fisheries closures. The Regional

Administrator will establish the closure

date of the Atka mackerel directed

fisheries in the harvest limit area for

areas 542 and 543 based on the

estimated fishing capacity of vessels

registered to fish in the area and

assigned to the platoon under paragraph

(a)(8)(iii)(B) of this section. Each harvest

limit area directed fishery will last no

longer than 14 days.

(F) Groundfish directed fishery

prohibition. Vessels registering under

paragraph (a)(8)(iii)(A) of this section

are prohibited from participating in any

groundfish directed fishery other than

the one assigned under paragraph

(a)(8)(iii)(B) of this section during the

opening of the first harvest limit area

directed fishery to which the vessel is

assigned in a season, as specified in

§ 679.7(a)(19).

* * * * *

(11) GOA Pacific cod TAC (applicable

through July 8, 2002)—(i) Seasonal

apportionment. The TAC established for

Pacific cod in the Western and Central

areas of the GOA will be divided 60

percent to the A season and 40 percent

to the B season, as specified in

§ 679.23(d)(4).

(ii) The Regional Administrator may

apply any underage or overage of Pacific

1002 Federal Register / Vol. 67, No. 5 / Tuesday, January 8, 2002 / Rules and Regulations

cod harvest from one season to the

subsequent season. In adding or

subtracting any underages or overages to

the subsequent season, the Regional

Administrator must consider bycatch

needed to optimize catch by gear groups

and sectors.

(iii) Bycatch. Pacific cod bycatch

taken between the closure of the A

season and opening of the B season

shall be deducted from the B season

TAC apportionment.

(b) * * *

(2) * * *

(i) Pollock inshore-offshore

reapportionment (applicable through

July 8, 2002). Any amounts of the GOA

reserve that are reapportioned to pollock

as provided by paragraph (b) of this

section must be apportioned between

the inshore component in the GOA and

the offshore component in the GOA in

the same proportions specified in

paragraph (a)(6)(ii) of this section.

(ii) Pacific Cod inshore-offshore

reapportionment (applicable through

July 8, 2002). Any amounts of the GOA

reserve that are reapportioned to Pacific

cod as provided by paragraph (b) of this

section must be apportioned between

the inshore component in the GOA and

the offshore component in the GOA in

the same proportion specified in

paragraph (a)(6)(iii) of this section.

* * * * *

(d) * * *

(4) Harvest control for pollock, Atka

mackerel and Pacific cod (applicable

through July 8, 2002). If a biological

assessment of stock condition for

pollock, Pacific cod, or Atka mackerel

within an area projects that the biomass

in an area will be below 20 percent of

the projected unfished biomass during a

fishing year, the Regional Administrator

will prohibit the directed fishery for the

relevant species within the area. The

Regional Administrator will prohibit the

directed fishery under this paragraph by

notification published in the Federal

Register. The directed fishery will

remain closed until a subsequent

biological assessment projects that the

biomass for the species in the area will

exceed 20 percent of the projected

unfished biomass during a fishing year.

* * * * *

(f) * * *

(4) Retainable amounts (applicable

through July 8, 2002). Except as

provided in Table 10 to this part,

arrowtooth flounder, or any groundfish

species for which directed fishing is

closed may not be used to calculate

retainable amounts of other groundfish

species. CDQ species may only be used

to calculate retainable amounts of other

CDQ species.

* * * * *

7. In § 679.22, paragraphs (a)(5)(i)

through (iii), (a)(7), (a)(8), and (b)(2) are

suspended until July 8, 2002, and

paragraphs (a)(5)(iv), (a)(11), (a)(12),

(b)(3), and (b)(6) are added to read as

follows:

§ 679.22 Closures.

(a) * * *

(5) * * *

(iv) Catcher/processor restrictions

(applicable through July 8, 2002). A

catcher/processor vessel authorized to

fish for BSAI pollock under § 679.4 is

prohibited from conducting directed

fishing for pollock in the CVOA during

the pollock B season defined at

§ 679.23(e)(5)(ii), unless it is operating

under a CDP approved by NMFS.

* * * * *

(11) Steller sea lion protection areas,

Bering Sea subarea (applicable through

July 8, 2002)—(i) Bogoslof area—(A)

Boundaries. The Bogoslof area consists

of all waters of area 518 as described in

Figure 1 of this part south of a straight

line connecting 55°00′ N lat./170°00′ W

long., and 55°00′ N lat./168°11′4.75′′ W

long.;

(B) Fishing prohibition. All waters

within the Bogoslof area are closed to

directed fishing for pollock, Pacific cod,

and Atka mackerel by federally

permitted vessels, except as provided in

paragraph (a)(11)(i)(C) of this section.

(C) Bogoslof Pacific cod exemption

area. (1) All catcher vessels less than 60

ft (18.3 m) LOA using jig or hook-andline gear for directed fishing for Pacific

cod are exempt from the Pacific cod

fishing prohibition as described in

paragraph (a)(11)(i)(B) of this section in

the portion of the Bogoslof area south of

a line connecting a point that is 3 nm

north of Bishop Point (54°01′25′′ N lat./

166° 57’00’’ W long.) to Cape Tanak

(53°33′50′′ N lat./168°00′00′′ W long.),

not including waters of the Bishop Point

Pacific cod fishing closures as described

in Table 23 of this part.

(2) If the Regional Administrator

determines that 113 mt of Pacific cod

has been caught by catcher vessels less

than 60 ft (18.3 m) LOA using jig or

hook-and-line gear in the exemption

area described in paragraph

(a)(11)(i)(C)(1) of this section, the

Regional Administrator will prohibit

directed fishing for Pacific cod by

catcher vessels less than 60 ft (18.3 m)

LOA using jig or hook-and-line gear in

the exemption area by notification

published in the Federal Register.

(ii) Bering Sea Pollock Restriction

Area—(A) Boundaries. The Bering Sea

Pollock Restriction Area consists of all

waters of the Bering Sea subarea south

of a line connecting the points 163°0′00′′

W long./55°46′30′′ N lat., 165°08′00′′ W

long./54°42′9′′ N lat., 165°40′00′′ W

long./54°26′30′′ N lat., 166°12′00′′ W

long./54°18′40′′ N lat., and 167°0′00′′ W

long./54°8′50′′ N lat.

(B) Fishing prohibition. All waters

within the Bering Sea Pollock

Restriction Area are closed to directed

fishing for pollock by federally

permitted vessels during the A season,

as defined at § 679.23(e)(5).

(iii) Groundfish closures. Directed

fishing for groundfish by federally

permitted vessels is prohibited within 3

nm of selected sites. These sites are

listed in Table 21 of this part and are

identifiable by ‘‘Bering Sea’’ in column

2.

(iv) Pollock closures. Directed fishing

for pollock by federally permitted

vessels is prohibited within pollock no

fishing zones around selected sites.

These sites are listed in Table 22 of this

part and are identifiable by ‘‘Bering

Sea’’ in column 2.

(v) Pacific cod closures. Directed

fishing for Pacific cod by federally

permitted vessels using trawl, hook-andline, and pot gear is prohibited within

the Pacific cod no fishing zones around

selected sites. These sites and gear types

are listed in Table 23 of this part and are

identifiable by ‘‘BS’’ in column 2.

(vi) Atka mackerel closures. Directed

fishing for Atka mackerel by federally

permitted vessels using trawl gear is

prohibited within Atka mackerel no

fishing zones around selected sites.

These sites are listed in Table 24 of this

part and are identifiable by ‘‘Bering

Sea’’ in column 2.

(vii) Steller sea lion conservation area

(SCA). (A) General. When the Regional

Administrator announces, by

notification in the Federal Register, that

the criteria set out in paragraph

(a)(11)(vii)(C) of this section have been

met by one or more industry

component(s) made of 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; directed fishing for

pollock by that industry component(s) is

prohibited within the SCA until April 1.

(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.

Federal Register / Vol. 67, No. 5 / Tuesday, January 8, 2002 / Rules and Regulations 1003

(C) Criteria for closure—(1) General.

The directed fishing closures identified

in paragraph (a)(11)(vii)(A) of this

section will take effect when the

Regional Administrator determines that

the harvest limit for pollock within the

SCA, as specified in

§ 679.20(a)(5)(i)(F)(1) is reached before

April 1. The Regional Administrator

will close the directed pollock fishery in

the SCA by notification published in the

Federal Register.

(2) Inshore catcher vessels greater

than 99 ft (30.2 m) LOA. The Regional

Administrator will prohibit directed

fishing for pollock to vessels greater

than 99 ft (30.2 m) LOA, catching

pollock for processing by the inshore

component before reaching the inshore

SCA harvest limit before April 1 to

accommodate fishing by vessels less

than or equal to 99 ft (30.2 m) inside the

SCA until April 1. 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 harvest limit

specified in § 679.20(a)(5)(i)(F) has been

met before April 1.

(12) Steller sea lion protection areas,

Aleutian Islands subarea (applicable

through July 8, 2002)—(i) Seguam

Foraging area. (A) The Seguam foraging

area is established as all waters within

the area between 52° N lat. and 53° N

lat. and between 173°30′ W long. and

172°30′ W long.

(B) Directed fishing for pollock,

Pacific cod, and Atka mackerel by

federally permitted vessels is prohibited

in the Seguam Foraging area as

described in paragraph (a)(12)(i)(A) of

this section.

(ii) Pollock Closure. Directed fishing

for pollock by federally permitted

vessels is prohibited within the

Aleutian Islands subarea at all times.

(iii) Groundfish closures. Directed

fishing for groundfish by federally

permitted vessels is prohibited within 3

nm of selected sites. These sites are

listed in Table 21 of this part and are

identifiable by ‘‘Aleutian Islands’’ in

column 2.

(iv) Pacific cod closures—(A) Central

and Western Aleutian Islands harvest

limit area. Directed fishing for Pacific

cod by federally permitted vessels using

trawl gear is prohibited in the Atka

mackerel harvest limit area in area 542

or area 543, as defined in § 679.2, when

the Atka mackerel harvest limit area

directed fishery in area 542 or area 543

is open.

(B) Gear specific closures. Directed

fishing for Pacific cod by federally

permitted vessels using trawl, hook-andline, or pot gear is prohibited within the

Pacific cod no fishing zones around

selected sites. These sites and gear types

are listed in Table 23 of this part and are

identifiable by ‘‘AI’’ in column 2.

(v) Atka mackerel closures. Directed

fishing for Atka mackerel by federally

permitted vessels using trawl gear is

prohibited within Atka mackerel no

fishing zones around selected sites.

These sites are listed in Table 24 of this

part and are identifiable by ‘‘Aleutian

Islands’’ in column 2.

(b) * * *

(3) Steller sea lion protection areas

(applicable through July 8, 2002)—(i)

Groundfish closures. Directed fishing for

groundfish by federally permitted

vessels is prohibited within 3 nm of

selected sites. These sites are listed in

Table 21 of this part and are identifiable

by ‘‘Gulf of Alaska’’ in column 2.

(ii) Pollock closures. Directed fishing

for pollock by federally permitted

vessels is prohibited within pollock no

fishing zones around selected sites.

These sites are listed in Table 22 of this

part and are identifiable by ‘‘Gulf of

Alaska’’ in column 2.

(iii) Pacific cod closures. Directed

fishing for Pacific cod by federally

permitted vessels using trawl, hook-andline, or pot gear is prohibited within

Pacific cod no fishing zones around

selected sites. These sites and gear types

are listed in Table 23 of this part and are

identifiable by ‘‘GOA’’ in column 2.

(iv) Atka mackerel closure. Directed

fishing for Atka mackerel by federally

permitted vessels within the Gulf of

Alaska is prohibited at all times.

* * * * *

(6) Chiniak Gully Research Area

(applicable through July 8, 2002)—(i)

Description of Chiniak Gully Research

Area. 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.; 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 federally

permitted 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)(6)(ii)(A) of this section.

* * * * *

8. In § 679.23, paragraphs (d)(2),

(e)(2), (e)(3), and (e)(4)(iii), are

suspended until July 8, 2002, and

paragraphs (d)(3), (d)(4), (e)(4)(iv),

(e)(4)(v), (e)(5), (e)(6), (e)(7), and (i) are

added to read as follows:

§ 679.23 Seasons.

* * * * *

(d) * * *

(3) Directed fishing for pollock

(applicable through July 8, 2002).

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.,

February 25;

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

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

May 31;

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

August 25 through 1200 hours, A.l.t.,

September 15; and

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

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

November 1.

(4) Directed fishing for Pacific cod

(applicable through July 8, 2002)—(i)

Hook-and-line, pot, or jig gear. Subject

to other provisions of this part, directed

fishing for Pacific cod with hook-andline, pot, or jig gear in the Western and

Central Regulatory Areas is authorized

only during the following two seasons:

(A) A season. From 0001 hours, A.l.t.,

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

June 10; and

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

September 1 through 2400 hours, A.l.t.,

December 31.

(ii) Trawl gear. Subject to other

provisions of this part, directed fishing

for Pacific cod with trawl gear in the

Western and Central Regulatory Areas is

authorized only during the following

two seasons:

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

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

June 10; and

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

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

November 1.

(e) * * *

(4) * * *

(iv) Groundfish CDQ (applicable

through July 8, 2002). Fishing for

1004 Federal Register / Vol. 67, No. 5 / Tuesday, January 8, 2002 / Rules and Regulations

groundfish CDQ species, other than

pollock CDQ; hook-and-line, jig, or

trawl Pacific cod CDQ; and fixed gear

sablefish CDQ under subpart C of this

part, is authorized from 0001 hours,

A.l.t., January 1 through the end of each

fishing year, except as provided under

paragraph (c) of this section.

(v) Pollock CDQ and Pacific cod CDQ

harvested with hook-and-line, jig or

trawl gear (applicable through July 8,

2002). (A) Fishing for pollock CDQ is

authorized under paragraph (e)(5) of this

section.

(B) Fishing for Pacific cod CDQ with

hook-and-line, jig or trawl gear is

authorized under paragraph (e)(6) of this

section.

(5) Directed fishing for pollock in the

Bering Sea Subarea by inshore, offshore

catcher/processor, and mothership

components and pollock CDQ fisheries

(applicable through July 8, 2002).

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:

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

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

June 10; and

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

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

November 1.

(6) Directed fishing for Pacific cod

(applicable through July 8, 2002). (i)

Fixed gear. Subject to other provisions

of this part, directed fishing for Pacific

cod with fixed gear in the BSAI is

authorized only during the following

two seasons:

(ii) Hook-and-line and jig gear.

Subject to other provisions of this part,

directed fishing for CDQ and non-CDQ

Pacific cod with vessels equal to or

greater than 60 ft (18.3 m) LOA using

hook-and-line and with vessels using jig

gear in the BSAI is authorized only

during the following two seasons:

(A) A season. From 0001 hours, A.l.t.,

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

June 10; and

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

June 10 through 2400 hours, A.l.t.,

December 31.

(iii) Trawl gear. Subject to other

provisions of this part, directed fishing

for CDQ and non-CDQ Pacific cod with

trawl gear in the BSAI is authorized

only during the following three seasons:

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

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

April 1;

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

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

10; and

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

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

November 1.

(iv) Pot gear. Subject to other

provisions of this part, non-CDQ

directed fishing for Pacific cod with

vessels equal to or greater than 60 ft

(18.3 m) LOA using pot gear in the BSAI

is authorized only during the following

two seasons:

(A) A season. From 0001 hours, A.l.t.,

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

June 10; and

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

September 1 through 2400 hours, A.l.t.,

December 31.

(7) Directed fishing for Atka mackerel

with trawl gear (applicable through July

8, 2002). Subject to other provisions of

this part, non-CDQ directed fishing for

Atka mackerel with trawl gear in the

Aleutian Islands subarea is authorized

only during the following two seasons:

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

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

April 15; and

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

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

November 1.

* * * * *

(i) Catcher vessel exclusive fishing

seasons for pollock (applicable through

July 8, 2002). 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 when fishing east of

157°00’ W long. GOA and Bering Sea

seasons are specified at § 679.23(d)(3)

and § 679.23(e)(5).

If you own or operate a catcher vessel

and engage in directed fishing for pollock in theDuring the Then you are prohibited from subsequently engaging in directed fishing for pollock with that catcher vessel in the

Bering Sea subarea ................................ A season ................................................ GOA until the following C season.

B season ................................................ GOA until the A season of the next year.

GOA ........................................................ A season ................................................ BSAI until the following B season.

B season ................................................ BSAI until the following B season.

C season ............................................... BSAI until the A season of the following year.

D season ............................................... BSAI until the A season of the following year.

8a. In §679.23, new paragraph (e)(6)(i)

is suspended until July 8, 2002.

9. In § 679.28, paragraph (f)(3)(viii) is

added to read as follows:

§ 679.28 Equipment and operational

requirements.

* * * * *

(f) * * *

(3) * * *

(viii) (Applicable 1200 hours A. l. t.

June 10, 2002, through July 8, 2002) For

vessels permitted to fish in the pollock,

Pacific cod, or Atka mackerel directed

fisheries under § 679.4(b)(5)(iv)(E), the

vessel owner must inform NMFS

Enforcement Division by FAX at least 72

hours before entering the area the vessel

is permitted to directed fish for pollock,

Atka mackerel, or Pacific cod, of the

VMS transponder ID and the vessel ID

on which the VMS unit is used and the

approximate time and location that the

vessel will begin directed fishing for

groundfish or halibut IFQ.

10. In § 679.31, paragraph (f) is

suspended until July 8, 2002, and

paragraph (g) is added to read as

follows:

§ 679.31 CDQ reserves.

* * * * *

(g) Non-specific CDQ reserve

(applicable through July 8, 2002).

Annually, NMFS will apportion 50

percent of the arrowtooth flounder CDQ

and 15 percent of the ‘‘other species’’

CDQ for each CDQ group to a nonspecific CDQ reserve. A CDQ group’s

non-specific CDQ reserve must be for

the exclusive use of that CDQ group. A

release from the non-specific reserve to

the CDQ group’s arrowtooth flounder or

‘‘other species’’ CDQ is a technical

amendment to a community

development plan as described in

§ 679.30(g)(5). The technical

amendment must be approved before

harvests relying on CDQ transferred

from the non-specific CDQ reserve may

be conducted.

11. In § 679.32, paragraphs (a)(2) and

(e) are suspended until July 8, 2002.

Federal Register / Vol. 67, No. 5 / Tuesday, January 8, 2002 / Rules and Regulations 1005

12. In § 679.50, paragraph (c)(4)(i) is

suspended until July 8, 2002, paragraph

(c)(5) is added and reserved, and

paragraphs (c)(1)(x), (c)(4)(vi), and (c)(6)

are added to read as follows:

§ 679.50 Groundfish observer program

applicable through December 31, 2002.

* * * * *

(c) * * *

(1) * * *

(x) (Applicable through July 8, 2002)

A vessel directed fishing with trawl gear

for Atka mackerel in the Aleutian

Islands subarea must carry two NMFScertified observers at all times while

directed fishing for Atka mackerel in the

harvest limit area for platoon managed

Atka mackerel directed fishing, as

defined in § 679.2.

* * * * *

(4) * * *

(vi) Motherships or catcher/processors

using trawl gear (applicable January 15,

2002, through July 8, 2002). (A) A

mothership or catcher/processor vessel

using trawl gear to participate in a

directed fishery for pollock CDQ must

have at least two NMFS-certified

observers aboard the vessel, at least one

of whom must be certified as a lead

CDQ observer as described at paragraph

(h)(1)(i)(E) of this section.

(B) A mothership or catcher/processor

vessel using trawl gear to participate in

a directed fishery for other than pollock

CDQ must have at least two CDQ

observes as described at paragraphs

(h)(1)(i)(D) and (E) of this section aboard

the vessel, at least one of whom must be

certified as a lead CDQ observer.

* * * * *

(6) AFA catcher/processors and

motherships (applicable January 15,

2002, through July 8, 2002).

(i) Coverage requirement—(A)

Unrestricted AFA catcher/processors

and AFA motherships. The owner or

operator of an unrestricted AFA catcher/

processor or AFA mothership must

provide at least two NMFS-certified

observers for each day that the vessel is

used to harvest, process, or take

deliveries of groundfish. More than two

observers are required if the observer

workload restriction in paragraph

(c)(6)(iii) of this section would

otherwise preclude sampling.

(B) Restricted AFA catcher/

processors. The owner or operator of a

restricted AFA catcher/processor must

provide at least two NMFS-certified

observers for each day that the vessel is

used to engage in directed fishing for

pollock in the BSAI, or take deliveries

of pollock harvested in the BSAI. When

a restricted AFA catcher/processor is

not engaged in directed fishing for BSAI

pollock and is not receiving deliveries

of pollock harvested in the BSAI, the

observer coverage requirements in

paragraph (c)(1)(iv) of this section

apply.

(ii) Certification level. At least one of

the observers required under paragraphs

(c)(6)(i)(A) and (B) of this section must

be certified as a lead CDQ observer as

specified in paragraph (h)(1)(i)(E)(1) of

this section.

(iii) Observer work load. The time

required for the observer to complete

sampling, data recording, and data

communication duties may not exceed

12 consecutive hours in each 24-hour

period, and the observer may not

sample more than 9 hours in each 24-

hour period.

* * * * *

13. In 50 CFR part 679, Tables 4, 5,

and 6 are suspended until July 8, 2002,

and Tables 21, 22, 23, and 24 are added

to read as follows:

1006 Federal Register / Vol. 67, No. 5 / Tuesday, January 8, 2002 / Rules and Regulations

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1008 Federal Register / Vol. 67, No. 5 / Tuesday, January 8, 2002 / Rules and Regulations

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1010 Federal Register / Vol. 67, No. 5 / Tuesday, January 8, 2002 / Rules and Regulations

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1012 Federal Register / Vol. 67, No. 5 / Tuesday, January 8, 2002 / Rules and Regulations

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1014 Federal Register / Vol. 67, No. 5 / Tuesday, January 8, 2002 / Rules and Regulations

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1016 Federal Register / Vol. 67, No. 5 / Tuesday, January 8, 2002 / Rules and Regulations

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1018 Federal Register / Vol. 67, No. 5 / Tuesday, January 8, 2002 / Rules and Regulations

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1020 Federal Register / Vol. 67, No. 5 / Tuesday, January 8, 2002 / Rules and Regulations

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1022 Federal Register / Vol. 67, No. 5 / Tuesday, January 8, 2002 / Rules and Regulations

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1024 Federal Register / Vol. 67, No. 5 / Tuesday, January 8, 2002 / Rules and Regulations

[FR Doc. 01–32251 Filed 12–31–01; 10:44

am]

BILLING CODE 3510–22–P