[Federal Register: December 26, 2002 (Volume 67, Number 248)]
[Rules and Regulations]
[Page 78739-78750]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr26de02-18]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 679
[Docket No. 021212307-2307-01; I.D. 110602C]
Fisheries of the Exclusive Economic Zone Off Alaska; Bering Sea
and Aleutian Islands Area; Interim 2003 Harvest Specifications for
Groundfish
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Interim final rule.
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SUMMARY: NMFS issues interim 2003 total allowable catch (TAC) amounts
for each category of groundfish, Community Development Quota (CDQ)
reserve amounts, American Fisheries Act (AFA) pollock allocations and
sideboard amounts, and prohibited species catch (PSC) allowances and
prohibited species quota (PSQ) reserves 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. The
intended effect is to conserve and manage the groundfish resources in
the BSAI.
EFFECTIVE DATE: The Interim Specifications are effective from 0001
hours, Alaska local time (A.l.t.), January 1, 2003, until the effective
date of the Final 2003 Harvest Specifications for BSAI Groundfish,
which will be published in the Federal Register.
ADDRESSES: Copies of the Environmental Assessment (EA) prepared for
this action, the final 2001 Stock Assessment and Fishery Evaluation
(SAFE) report, dated November 2001, and the final 2002 SAFE report,
dated November 2002, are available from the North Pacific Fishery
Management Council, West 4th Avenue, Suite 306, Anchorage, AK 99510-
2252 (907-271-2809).
FOR FURTHER INFORMATION CONTACT: Mary Furuness, 907-586-7228, or email
mary.furuness@noaa.gov.
SUPPLEMENTARY INFORMATION:
Background
Federal regulations at 50 CFR part 679 implementing the Fishery
Management Plan for the Groundfish Fishery of the Bering Sea and
Aleutian Islands Area (FMP) govern the groundfish fisheries in 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 2002 to review scientific information
concerning groundfish stocks and recommended proposed 2003
specifications which are available for public review (see ADDRESSES).
The Council recommended a proposed total ABC of 3,176,100 mt and a
proposed total TAC of 1,998,540 mt for the 2003 fishing year. The
proposed TAC amounts for each species were based on the best available
biological and socioeconomic information.
Under Sec. 679.20(c)(1), NMFS published in the Federal Register
proposed harvest specifications for groundfish and associated
management measures in the BSAI for the 2003 fishing year (67 FR 76362,
December 12, 2002). That document contains a detailed discussion of the
proposed 2003 TACs, initial TACs (ITACs) and related apportionments,
CDQ reserves, ABC amounts, overfishing levels, PSC allowances, PSQ
reserve amounts, and associated management measures of the BSAI
groundfish fishery.
This action provides interim harvest specifications and
apportionments thereof for the 2003 fishing year that will become
available on January 1, 2003, and remain in effect until superseded by
the final 2003 harvest specifications. Background information
concerning the 2003 groundfish harvest specification process upon which
this interim action is based is provided in the above mentioned
proposed specification document.
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 pollock and
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 (ICA), 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, 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 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 Sec. Sec.
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 that will be effective with the final
rule to implement the Steller sea lion protection measures 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, Pacific cod and Atka
mackerel), one-fourth of each proposed PSQ reserve and PSC allowance
established under Sec. 679.21, and the first proposed seasonal
allowance of pollock, Pacific cod and Atka mackerel TAC. As stated in
the proposed specifications publication (67 FR 76362, December 12,
2002), no harvest of groundfish is authorized prior to the effective
date of this action implementing the interim specifications.
Interim 2003 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 2003 Groundfish Specifications.
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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 PSQ reserve and PSC 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 PSQ reserves and
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, 2003.
TABLE 2. INTERIM 2003 PROHIBITED SPECIES BYCATCH ALLOWANCES FOR THE BSAI TRAWL AND NON-TRAWL FISHERIES.
Prohibited Species and Zone
----------------------------------------------------------------------------------------------------------------
Red King C. bairdi (animals)
Halibut Herring Crab C. opilio ---------------------
TRAWL FISHERIES mortality (mt) BSAI (animals) (animals)
(mt) BSAI Zone 1\1\ COBLZ\2\ Zone 1\1\ Zone 2\1\
----------------------------------------------------------------------------------------------------------------
Yellowfin sole 222 35 4,166 694,245 85,211 447,115
Rocksole/oth.flat/flat sole\3\ 195 5 14,946 242,283 91,330 149,039
RKCSS\3\ ......... ......... 5,231 ......... ......... .........
Turbot/arrowtooth/sablefish\4\ ......... 2 ......... 10,060 ......... .........
Rockfish ......... ......... ......... ......... ......... .........
July 1 - December 31.................... 17 2 ......... 10,059 ......... 2,747
Pacific cod 359 5 2,916 31,184 45,778 81,044
Midwater trawl pollock ......... 296 ......... ......... ......... .........
Pollock/Atka/other\5\ 58 37 404 18,107 4,306 6,868
TOTAL TRAWL PSC......................... 851 382 22,432 1,005,938 226,625 686,813
NON-TRAWL FISHERIES
Pacific cod - Total 193 ......... ......... ......... ......... .........
Other non-trawl - Total 14 ......... ......... ......... ......... .........
Groundfish pot & jig exempt ......... ......... ......... ......... .........
Sablefish hook & line exempt ......... ......... ......... ......... .........
TOTAL NON-TRAWL PSC..................... 207 ......... ......... ......... ......... .........
PSQ RESERVE\6\.......................... 86 ......... 1,818 81,562 18,375 55,687
GRAND TOTAL............................. 1,144 382 24,250 1,087,500 245,000 742,500
----------------------------------------------------------------------------------------------------------------
\1\Refer to Sec. 679.2 for definitions of areas.
\2\C. opilio Bycatch Limitation Zone. Boundaries are defined at Sec. 679.21 (e)(7)(iv)(B).
\3\The Council at its October 2002 meeting proposed limiting red king crab for trawl fisheries within the Red
King Crab Savings Subarea (RKCSS) to 35 percent of the total allocation to the rock sole, flathead sole, and
other flatfish fishery category (Sec. 679.21(e)(3)(ii)(B)).
\4\Greenland turbot, arrowtooth flounder, and sablefish fishery category.
\5\Pollock other than pelagic trawl pollock, Atka mackerel, and ``other species'' fishery category.
\6\With 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.
Directed Fishing Closures
In accordance with Sec. 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 (Sec. 697.20(d)(1)(iii)).
Similarly, under Sec. 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 2003 fishing
year:
Bogoslof District: .......
Pollock...................................................... 90 mt
Aleutian Islands subarea: .......
Pollock...................................................... 900 mt
Northern rockfish............................................ 996 mt
Shortraker/rougheye rockfish................................. 194 mt
``Other rockfish''........................................... 144 mt
Bering Sea subarea: .......
Pacific ocean perch.......................................... 557 mt
``Other rockfish''........................................... 77 mt
Northern rockfish............................................ 3 mt
Shortraker/rougheye rockfish................................. 25 mt
------------------------------------------------------------------------
Consequently, in accordance with Sec. 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 Sec. 679.20(d)(1)(iii), NMFS is
immediately prohibiting directed fishing for these species in the
specified areas and these closures will remain in effect from 0001 hrs,
A.l.t., January 1, 2003, until superseded by the Final 2003 Harvest
Specifications for BSAI Groundfish.
In addition, the BSAI Zone 1 annual red king crab allowance
specified for the trawl rockfish fishery (Sec. 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 is 0 mt (Sec. 679.21(e)(3)(iv)(C)).
Therefore, in accordance with Sec. 679.21(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/
[[Page 78743]]
sablefish by vessels using trawl gear in the BSAI from 0001 hrs.,
A.l.t., January 1, 2003, until superseded by the final 2003 harvest
specifications for BSAI groundfish. NMFS is also prohibiting directed
fishing for rockfish outside Zone 1 in the BSAI until 1200 hrs, A.l.t,
July 1, 2003.
While these closures are in effect, the maximum retainable amounts
at Sec. 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 Sec.
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.
Bering Sea Subarea Inshore Pollock Allocations
Regulations that will be effective with the final rule to implement
major provisions of the AFA at Sec. 679.4 set forth procedures for AFA
inshore catcher vessel pollock cooperatives to apply for and receive
cooperative fishing permits and inshore pollock allocations. Table 3
lists the interim pollock allocations to the seven inshore catcher
vessel pollock cooperatives based on 2002 coop allocations and NMFS'
assumption, at this date, that the cooperatives membership will remain
unchanged in 2003. 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 in the final 2003 BSAI groundfish harvest
specifications pending adjustments to cooperatives membership for the
2003 fishing year.
TABLE 3. INTERIM 2003 BERING SEA SUBAREA INSHORE COOPERATIVE
ALLOCATIONS.
------------------------------------------------------------------------
Sum of
member Percentage
Cooperative name and member vessel's of inshore Interim
vessels official sector cooperative
catch allocation allocation
histories\1\
------------------------------------------------------------------------
Akutan Catcher Vessel 245,527 28.085% 72,068
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
Arctic Enterprise Association 36,807 4.210% 10,804
BRISTOL EXPLORER, OCEAN ............ ........... ...........
EXPLORER, PACIFIC EXPLORER
Northern Victor Fleet 73,656 8.425% 21,620
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
Peter Pan Fleet Cooperative 18,693 2.138% 5,487
AMBER DAWN, AMERICAN BEAUTY, ............ ........... ...........
ELIZABETH F, MORNING STAR,
OCEAN LEADER, OCEANIC,
PROVIDIAN, TOPAZ, WALTER N
Unalaska Cooperative 106,737 12.209% 31,330
ALASKA ROSE, BERING ROSE, ............ ........... ...........
DESTINATION, GREAT PACIFIC,
MESSIAH, MORNING STAR, MS AMY,
PROGRESS, SEA WOLF, VANGUARD,
WESTERN DAWN
UniSea Fleet Cooperative 201,566 23.056% 59,164
ALSEA, AMERICAN EAGLE, ARGOSY, ............ ........... ...........
AURIGA, AURORA, DEFENDER, GUN-
MAR, NORDIC STAR, PACIFIC
MONARCH, SEADAWN, STARFISH,
STARLITE
Westward Fleet Cooperative 189,544 21.681% 55,636
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
Open access AFA vessels 1,707 0.195% 501
Total inshore allocation 874,238 100% 256,608
------------------------------------------------------------------------
\1\According to regulations that will be effective with the final rule
to implement major provisions of the AFA at 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.
According to regulations that will be effective with the final rule
to implement major provisions of the AFA at Sec. 679.20(a)(5)(i)(A),
NMFS must subdivide the inshore allocation into allocations for
cooperatives and vessels not fishing in a cooperative (i.e., the open
access sector). In addition, under Sec. 679.22(a)(11)(vii), NMFS must
establish harvest limits inside the 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 4 lists the interim apportionment of the Bering Sea
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 set-aside 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 4. These
allocations may be revised in the final 2003 BSAI groundfish harvest
specifications pending adjustments to cooperatives membership for the
2003 fishing year.
[[Page 78744]]
TABLE 4. INTERIM 2003 BERING SEA SUBAREA POLLOCK ALLOCATIONS TO THE
COOPERATIVE AND OPEN ACCESS SECTORS OF THE INSHORE POLLOCK FISHERY.
AMOUNTS ARE EXPRESSED IN MT.
------------------------------------------------------------------------
A season
A/B season inside
TAC SCA\1\
------------------------------------------------------------------------
Cooperative sector ........... ...........
Vessels 99 ft n/a 154,025
Vessels <= 99 ft n/a 25,250
Total 256,107 179,275
Open access sector 501 351\2\
Total inshore 256,608 179,626
------------------------------------------------------------------------
\1\Steller sea lion conservation area established at Sec.
679.22(a)(11)(vii).
\\\2\ SCA 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 Sec. 679.22(a)(11)(vii)(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.''
Unrestricted AFA Catcher/Processor Sideboards
In 2003, the formula for setting AFA catcher/processor sideboard
limits for non-pollock groundfish will change from calculations made
for sideboard limits in 2000 through 2002. The basis for these
sideboard limits is described in detail in the Proposed Rule for
Amendments 61/61/13/8 to Implement Major Provisions of the AFA (66 FR
65028, December 17, 2001). The interim 2003 catcher/processor sideboard
limits are set out in Table 5 below.
All non-pollock groundfish that is harvested by unrestricted AFA
catcher/processors, whether as targeted catch or incidental catch, will
be deducted from the interim sideboard limits in Table 5. However, non-
pollock groundfish that is delivered to listed catcher/processors by
catcher vessels will not be deducted from the interim 2003 sideboard
limits for the listed catcher/processors.
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Regulations that will be effective with the final rule to implement
major provisions of the AFA at Sec. 679.63(a)(2) establish a formula
for PSC sideboard limits 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 6. These data were used to
calculate the relative amount of PSC limits harvested by pollock
catcher/processors, which were then used to determine the PSC sideboard
limits for unrestricted AFA catcher/processors in the 2003 non-pollock
groundfish fisheries.
PSC that is caught by unrestricted AFA catcher/processors
participating in any non-pollock groundfish fishery listed in Table 6
will accrue against the interim 2003 PSC sideboard limits for the
listed catcher/processors. Regulations that will be effective with the
final rule to implement major provisions of the AFA at Sec.
679.21(e)(3)(v), provide NMFS authority to close directed fishing for
non-pollock groundfish for unrestricted AFA catcher/processors once an
interim 2003 PSC limit listed in Table 6 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 Sec.
679.21(e)(3)(iv).
[[Page 78746]]
TABLE 6. INTERIM 2003 UNRESTRICTED BSAI AFA CATCHER/PROCESSOR PROHIBITED SPECIES SIDEBOARD LIMITS.\1\
----------------------------------------------------------------------------------------------------------------
1995 - 1997 Interim
--------------------------------------- 2003 PSC Interim
PSC species available 2003 C/P
PSC catch Total PSC Ratio to trawl Sideboard
CPs limit
----------------------------------------------------------------------------------------------------------------
Halibut mortality 955 11,325 0.084 851 71
Red king crab 3,098 473,750 0.007 22,432 157
C. opilio 2,323,731 15,139,178 0.153 1,005,938 153,908
C. bairdi ........... ........... ........... ........... ...........
Zone 1................................... 385,978 2,750,000 0.140 226,625 31,728
Zone 2................................... 406,860 8,100.000 0.050 686,813 34,341
----------------------------------------------------------------------------------------------------------------
\1\ Halibut amounts are in metric tons of halibut mortality. Crab amounts are in numbers of animals.
AFA Catcher Vessel Sideboards
Regulations that will be effective with the final rule to implement
major provisions of the AFA at Sec. 679.63(b) establish a formula for
setting AFA catcher vessel groundfish and PSC sideboard limits for the
BSAI. The basis for these sideboard limits was recommended by the
Council and is described in detail in the Proposed Rule for Amendments
61/61/13/8 to Implement Major Provisions of the AFA (66 FR 65028,
December 17, 2001). For 2002, NMFS revised the 2001 ratio of 1995 to
1997 AFA catcher vessel retained catch to the 1995 to 1997 TAC. These
revisions are based on Alaska Department of Fish and Game editing of
fish tickets and NMFS editing of observer catch data and weekly
production reports. The interim 2003 AFA catcher vessel sideboard
limits are shown in Tables 7 and 8.
All harvests of groundfish sideboard species made by non-exempt AFA
catcher vessels, whether as targeted catch or incidental catch, will be
deducted from the interim sideboard limits listed in Table 7.
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Regulations that will be effective with the final rule to implement
major provisions of the AFA at Sec. 679.63(b) establish a formula for
PSC sideboard limits for AFA catcher vessels. The AFA catcher vessel
PSC limit for halibut in the BSAI and GOA, and each crab species in the
BSAI for which a trawl bycatch limit has been established, will
[[Page 78748]]
be a portion 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 interim PSC limits for AFA
catcher vessels are listed in Table 8.
Halibut and crab PSC that is caught by AFA catcher vessels
participating in any non-pollock groundfish fishery listed in Table 8
will accrue against the interim 2003 PSC limits for AFA catcher
vessels. Regulations that will be effective with the final rule to
implement major provisions of the AFA at Sec. Sec. 679.21(d)(8) and
(e)(3)(v) provide authority to close directed fishing for non-pollock
groundfish for AFA catcher vessels once an interim 2003 PSC limit
listed in Table 8 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.
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[[Page 78749]]
Sideboard Directed Fishing Closures and AFA Catcher/Processor Sideboard
Closures
The Regional Administrator has determined that many of the interim
AFA catcher/processor sideboard limits listed in Table 5 are necessary
as incidental catch to support other anticipated groundfish fisheries
for the 2003 fishing year. In accordance with Sec. 679.20(d)(1)(iv),
the Regional Administrator establishes the limits listed in Table 5 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 Sec. 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 9.
TABLE 9. INTERIM AFA UNRESTRICTED CATCHER/PROCESSOR SIDEBOARD DIRECTED
FISHING CLOSURES.1 THESE CLOSURES TAKE EFFECT 1200 HRS, A.L.T., JANUARY
20, 2003 AND REMAIN IN EFFECT UNTIL SUPERSEDED BY THE FINAL 2003 HARVEST
SPECIFICATIONS FOR GROUNDFISH.
------------------------------------------------------------------------
Gear
Species Area 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 interim
AFA catcher vessel sideboard limits listed in Table 7 are necessary as
incidental catch to support other anticipated groundfish fisheries for
the 2003 fishing year. In accordance with Sec. 679.20(d)(1)(iv), the
Regional Administrator establishes the limits listed in Table 7 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 Sec. 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 10.
TABLE 10. INTERIM AFA CATCHER VESSEL SIDEBOARD DIRECTED FISHING
CLOSURES.\1\ THESE CLOSURES TAKE EFFECT 1200 HRS, A.L.T., JANUARY 20,
2003 AND REMAIN IN EFFECT UNTIL SUPERSEDED BY THE FINAL 2003 HARVEST
SPECIFICATIONS FOR GROUNDFISH.
------------------------------------------------------------------------
Gear
Species Area types
------------------------------------------------------------------------
Pacific cod BSAI all
Sablefish BSAI all
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.
Classification
This action is necessary to establish interim harvest limits for
the BSAI groundfish fisheries for the 2003 fishing year. The groundfish
fisheries in the BSAI are governed by Federal regulations at 50 CFR 679
that require NMFS, after consultation with the Council, to publish and
solicit public comments on proposed annual TACs and PSC allowances.
This action is authorized under 50 CFR 679.20 and is exempt from
review under Executive Order 12866.
The Assistant Administrator for Fisheries, NOAA, finds that the
need to establish interim TACs and related management measures for
groundfish fisheries in the BSAI, effective January 1, 2003, makes it
impracticable and contrary to the public interest to provide prior
notice and opportunity for public comment on this action. Because this
action is a final action by NMFS, analyses and consultations required
under the Magnuson-Stevens Act, the National Environmental Policy Act
(NEPA) and the Endangered Species Act (ESA) must be completed and
considered by the agency prior to promulgation of the interim harvest
specifications. However, the information on which the EA and the
section 7 consultations are based was not available until early
December 2002. The Council's BSAI and GOA groundfish Plan Teams met in
mid-November 2002 to develop stock assessment reports and to provide
recommendations on acceptable biological catch (ABC) levels for the
upcoming fishing year. The stock assessment reports and ABC
recommendations developed by the Plan Teams in mid-November incorporate
scientific and fishery data from the current fishing year and enable
NMFS to base this rulemaking on the best available science, as required
by national standard 2 of the Magnuson-Stevens Act. The Plan Teams
prepared the final reports during the last two weeks of November. The
EA and Section 7 consultations were then based on these final reports.
Regulations at 50 CFR 679.20(c)(2) require NMFS to specify interim
harvest specifications to be effective January 1 and remain in effect
until superseded by the final specifications. Without interim
specifications in effect on January 1, the groundfish fisheries would
not be able to open, resulting in unnecessary closures and disruption
within the fishing industry. Because NMFS cannot publish interim
specifications until all analyses and consultations are complete, and
those analyses and consultations could not be completed until early
December 2002, there is not sufficient time to provide the public with
an opportunity to comment on the interim specifications before they
must be in place on January 1. Additionally, the proposed 2003 BSAI
groundfish harvest specifications, on which the interim specifications
are based, provide the opportunity for public comment. Given these
reasons, good cause exists under 5 U.S.C. 553(b)(B) to waive prior
notice and opportunity for public comment on this action.
Likewise, the Assistant Administrator for Fisheries, NOAA, finds
that the need to establish interim TACs and other management measures
in the BSAI effective on January 1, 2003, provides good cause to waive
the 30-day delay in effective date of the interim specifications. In
order for the BSAI groundfish fishing season to begin on January 1, 50
CFR 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. NMFS interprets regulations at Sec.
679.20(c)(2) as requiring the filing of interim specifications with the
Office of the Federal Register before any harvest of groundfish is
authorized. Without interim specifications in effect on January 1, the
groundfish fisheries would not be able to open on that date, resulting
in unnecessary closures and
[[Page 78750]]
disruption within the fishing industry. Based on these reasons, the
need to publish these measures in a timely manner constitutes good
cause under authority contained in 5 U.S.C. 553(d)(3) to waive the 30-
day delay in effective date.
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 for
this action.
Authority: 16 U.S.C. 773 et seq., 1801 et seq., and 3631 et seq.
Dated: December 16, 2002.
Rebecca Lent,
Deputy Assistant Administrator for Regulatory Programs, National Marine
Fisheries Service.
[FR Doc. 02-32433 Filed 12-24-02; 8:45 am]
BILLING CODE 3510-22-S