[Federal Register Volume 65, Number 1 (Monday, January 3, 2000)] [Rules and Regulations] [Pages 60-65] From the Federal Register Online via the Government Publishing Office [www.gpo.gov] [FR Doc No: 99-34030] ----------------------------------------------------------------------- DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 679 [Docket No. 991223349-9349-01; I.D. 122199A] Fisheries of the Exclusive Economic Zone Off Alaska; Bering Sea and Aleutian Islands Area; Interim 2000 Harvest Specifications for Groundfish AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Interim 2000 harvest specifications for groundfish; associated management measures. ----------------------------------------------------------------------- SUMMARY: NMFS issues interim 2000 total allowable catch (TAC) amounts for each category of groundfish, Community Development Quota (CDQ) amounts, and prohibited species catch (PSC) amounts for the groundfish fishery of the Bering Sea and Aleutian Islands management area (BSAI). Without interim specifications in effect on January 1, the groundfish fisheries would not be able to open on that date, which would result in unnecessary closures and disruption within the fishing industry. This action is necessary to conserve and manage the groundfish resources of the BSAI and is intended to implement the goals and objectives of the Fishery Management Plan for the Groundfish Fishery of the Bering Sea and Aleutian Islands Area (FMP). EFFECTIVE DATE: Effective 0001 hours, Alaska local time (A.l.t.), January 1, 2000, until the effective date of the final 2000 harvest specifications for BSAI groundfish, which will be published in the Federal Register. ADDRESSES: Copies of the Environmental Assessment (EA) prepared for this action and the Preliminary 2000 Stock Assessment and Fishery Evaluation (SAFE) report, dated September 1999, is available from the North Pacific Fishery Management Council, West 4th Avenue, Suite 306, Anchorage, AK 99510-2252 (907-271-2809). FOR FURTHER INFORMATION CONTACT: Shane Capron, 907-586-7228. SUPPLEMENTARY INFORMATION: Background Federal regulations at 50 CFR part 679 implement the FMP and govern the groundfish resources of the BSAI. The North Pacific Fishery Management Council (Council) prepared the FMP, and NMFS approved it, under the Magnuson-Stevens Fishery Conservation and Management Act. General regulations that also pertain to the U.S. fisheries appear at subpart H of 50 CFR part 600. The Council met in October 1999 to review scientific information concerning groundfish stocks. The Council adopted for public review the preliminary SAFE Report for the 2000 BSAI groundfish fisheries. The preliminary SAFE Report, dated September 1999, provides an update on the status of stocks. Copies of the SAFE Report are available from the Council (see ADDRESSEES). The Council recommended a proposed total acceptable biological catch (ABC) of 2,247,846 mt and a proposed total TAC of 2 million metric tons (mt) for the 2000 fishing year. The proposed TAC amounts for each species were based on the best available biological and socioeconomic information. In accordance with Sec. 679.20(c)(1), NMFS published in the Federal Register proposed harvest specifications and associated management measures for groundfish in the BSAI for the 2000 fishing year (64 FR 69464 December 13, 1999). That document contains a detailed discussion of the proposed 2000 TACs, initial TACs (ITACs) and related apportionments, ABC amounts, overfishing levels, PSC amounts, and associated management measures of the BSAI groundfish fishery. This action provides interim harvest specifications and apportionments thereof for the 2000 fishing year that will become available on January 1, 2000, and remain in effect until superseded by the final 2000 harvest [[Page 61]] specifications. Background information concerning the 2000 groundfish harvest specification process upon which this interim action is based is provided in the above mentioned proposed specification document. NMFS intends to initiate rulemaking that would affect the pollock fisheries. That rulemaking will include: (1) An FMP amendment to implement the American Fisheries Act as contained within the Omnibus Appropriations Bill for FY 99; Pub. L. No. 105-277 (AFA), and (2) A regulatory amendment to implement reasonable and prudent alternatives to avoid jeopardizing the continued existence of the endangered western population of Steller sea lions or adversely modifying its critical habitat. Because each of these rulemakings would affect the allocation and apportionment of the pollock TAC, these interim specifications provide pollock TAC amounts under the general allocative scheme as defined by the AFA itself, but do not specify apportionments of that interim TAC. Apportionments will be addressed in each of these rulemakings individually and in the final 2000 specifications and will be effective prior to the start of the pollock fishery which is scheduled to open on January 20, 2000. Establishment of Interim TACs Regulations at Sec. 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 TAC for this species be fully allocated among the CDQ program, incidental catch allowance, and inshore, catcher/processor, and mothership directed fishery allowances. Regulations at Sec. 679.20(b)(1)(iii) require that one-half of each TAC amount placed in the non-specified reserve 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 hook-and-line and pot gear sablefish CDQ reserve, the CDQ reserves are not further apportioned by gear. Regulations at Sec. 679.21(e)(1)(i) also require that 7.5 percent of each PSC limit, with the exception of herring, be withheld as a PSQ reserve for the CDQ fisheries. Regulations governing the management of the CDQ and PSQ reserves are set forth at Secs. 679.30 and 679.31. Regulations at Sec. 679.20(c)(2) provide that interim specifications become effective at 0001 hours, A.l.t., January 1, and remain in effect until superseded by the final groundfish harvest specifications. The regulations further provide that the interim specifications will be established as one-fourth of each proposed ITAC amount and apportionment thereof (not including the first seasonal allowance of pollock and Atka mackerel), one-fourth of each prohibited species catch (PSC) allowance established under Sec. 679.21, and the first seasonal allowance of pollock and Atka mackerel TAC. As stated in the proposed specifications publication (64 FR 69464 December 13, 1999), no harvest of groundfish was authorized prior to the effective date of this action implementing the interim specifications. Apportionment of Pollock TAC to Vessels Using Nonpelagic Trawl Gear Regulations at Sec. 679.20(a)(5)(i)(B) authorize NMFS, in consultation with the Council, to limit the amount of pollock that may be taken in the directed fishery for pollock using nonpelagic trawl gear. At its June 1998 meeting, the Council adopted management measures that, if approved by NMFS, would prohibit the use of nonpelagic trawl gear in the directed fishery for pollock and reduce specified prohibited species bycatch limits by amounts equal to anticipated savings in bycatch or bycatch mortality that would be expected from this prohibition. If NMFS approves these measures, a rule to implement them could be effective by mid-2000. NMFS, therefore, proposed to allocate 0 mt of the BSAI pollock TAC to the directed fishery for pollock with nonpelagic trawl gear, in order to reduce unnecessary bycatch in the 2000 pollock fishery and to carry out the Council's intent for this fishery. As a result of this proposed specification, 0 mt of BSAI pollock are available to the directed fishery for pollock with nonpelagic trawl gear on an interim basis. Interim 2000 BSAI Groundfish Harvest Specifications Table 1 provides interim TAC and CDQ amounts and apportionments thereof. Regulations at Sec. 679.20(c)(2)(ii) do not provide for an interim specification for the non-trawl sablefish CDQ reserve or for sablefish managed under the Individual Fishing Quota program. As a result, fishing for the non-trawl allocation of CDQ sablefish and sablefish harvested with fixed gear is prohibited until the effective date of the final 2000 groundfish specifications. BILLING CODE 3510-22-P [[Page 62]] [GRAPHIC] [TIFF OMITTED] TR03JA00.007 [[Page 63]] [GRAPHIC] [TIFF OMITTED] TR03JA00.008 BILLING CODE 3510-22-C Interim Allocation of PSC Limits for Crab, Halibut, and Herring Under Sec. 679.21(e), annual PSC limits are specified for red king crab, Chionoecetes bairdi Tanner crab, and C. opilio crab in applicable Bycatch Limitation Zones (see Sec. 679.2) of the Bering Sea subarea, and for Pacific halibut and Pacific herring throughout the BSAI. Regulations under Sec. 679.21(e) authorize the apportionment of each PSC limit into PSC allowances for specified fishery categories. Under Sec. 679.21(e)(1)(i), 7.5 percent of each PSC limit specified for halibut, crab, and salmon is reserved as a PSQ reserve for use by the groundfish CDQ program. Regulations at Sec. 679.20(c)(2)(ii) provide that one-fourth of each proposed PSC and PSQ allowance be made available on an interim basis for harvest at the beginning of the fishing year, until superseded by the final harvest specifications. The fishery specific interim PSC allowances for halibut and crab are specified in Table 2 and are in effect at 0001 hours, A.l.t., January 1, 2000. BILLING CODE 3510-22-P [[Page 64]] [GRAPHIC] [TIFF OMITTED] TR03JA00.009 BILLING CODE 3510-22-C [[Page 65]] Prior to the beginning of the 2000 fishing year, NMFS will implement fishery closures based on these interim specifications if the Regional Administrator, Alaska Region, NMFS, determines that interim TAC amounts are required as incidental catch to support other anticipated groundfish fisheries or if the PSC allowance for a fishery has been reached. NMFS may implement other closures at the time the final 2000 harvest specifications are implemented or during the 2000 fishing year, as necessary for effective management. Classification This action is authorized under 50 CFR 679.20 and is exempt from review under E.O. 12866. NMFS has prepared an EA for this action which describes the impact on the human environment that would result from implementation of the interim specifications. In December 1998, NMFS issued a Supplemental Environmental Impact Statement (SEIS) on the groundfish TAC specifications and PSC limits under the BSAI and Gulf of Alaska (GOA) groundfish FMPs. In July 1999, the District Court for the Western District of Washington held that the 1998 SEIS did not adequately address aspects of the BSAI and GOA FMPs. Notwithstanding the deficiencies the court noted in the 1998 SEIS, NMFS believes that the discussion of impacts and alternatives in the 1998 SEIS is directly applicable to this interim action and the EA for the interim 2000 harvest specifications, which ``tiers off'' (incorporates by reference) the 1998 SEIS. Pursuant to section 7 of the Endangered Species Act (ESA), NMFS has completed a consultation on the effects of the 1999 to 2002 pollock and Atka mackerel fisheries on listed species, including the Steller sea lion, and designated critical habitat. The Biological Opinion prepared for this consultation, dated December 3, 1998, concluded that the Atka mackerel fisheries in the BSAI are not likely to jeopardize the continued existence of Steller sea lions or adversely modify their designated critical habitat. However, the Biological Opinion concluded that the pollock fisheries in the BSAI and the GOA would cause jeopardy and adverse modification. NMFS is developing a proposed rule to implement permanent reasonable and prudent alternatives (RPAs) to avoid the likelihood that the pollock fisheries off Alaska will jeopardize the continued existence of the western population of Steller sea lions or adversely modify its critical habitat. Emergency measures which implemented RPAs for 1999, are in effect until December 31, 1999 (July 21, 1999, 64 FR 39087). Regulations implementing permanent RPAs must be effective prior to the start of the BSAI and GOA pollock fisheries which are scheduled to open on January 20, 2000, or NMFS will be obligated under the ESA to close all fishing for pollock until such measures can be implemented. NMFS has also completed consultations on the effects of the 2000 BSAI groundfish fisheries on listed species, including the Steller sea lion and salmon, and on designated critical habitat. These consultations were completed December 23, 1999 and December 22, 1999 respectively. A biological opinion on the BSAI hook-and-line groundfish fishery and the BSAI trawl groundfish fishery for the ESA listed short-tailed albatross was issued by the United States Fish and Wildlife Service in March 1999. The conclusion continued the no jeopardy determination and the incidental take statement expressing the requirement to immediately reinitiate consultations if incidental takes exceed four short-tailed albatross over two years' time (1999-2000). In order for the BSAI groundfish fishing season to begin on January 1 (see Sec. 679.23), Sec. 679.20(c)(2) requires NMFS to establish interim harvest specifications to be effective on January 1 and to remain in effect until superseded by the filing of final harvest specifications with the Office of the Federal Register. Without interim specifications in effect on January 1, the groundfish fisheries would not be able to open on that date, which would result in unnecessary closures and disruption within the fishing industry. NMFS anticipates that the interim specifications will be in effect for only a short period of time before they are superseded by the final specifications. The proposed specifications were published as a proposed rule in the Federal Register on December 13, 1999 (64 FR 69464). Regulations at Sec. 679.20(c)(2)(ii) require that the interim TACs be established at specified fractional amounts of the proposed harvest specifications. Accordingly, the opportunity for public comment on the proposed specifications provides opportunity for comment on these interim specifications. The Assistant Administrator for Fisheries, NOAA (AA), finds for good cause under 5 U.S.C. 553(b)(B) that the need to establish interim TAC limitations and other restrictions on fisheries in the BSAI, effective on January 1, 2000, makes it impracticable and contrary to the public interest to provide prior notice and opportunity for public comment on this rule. Likewise, the AA finds for good cause under 5 U.S.C. 553(d)(3) that the need to establish interim TAC levels and other management measures in the BSAI, effective on January 1, 2000, makes it impractical and contrary to the public interest to delay the effective date of the limits and measures for 30 days. Because these interim specifications are not required to be issued with prior notice and opportunity for public comment, the analytical requirements of the Regulatory Flexibility Act do not apply. Consequently, no regulatory flexibility analysis has been prepared. Authority: 16 U.S.C. 773 et seq., 1801 et seq., and 3631 et seq. Dated: December 27, 1999. Penelope D. Dalton, Assistant Administrator for Fisheries, National Marine Fisherie's Service. [FR Doc. 99-34030 Filed 12-28-99; 4:25 pm] BILLING CODE 3510-22-P