[Federal Register: December 26, 2002 (Volume 67, Number 248)]
[Rules and Regulations]
[Page 78733-78738]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr26de02-17]
[[Page 78733]]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 679
[Docket No. 021212306-2306-01; I.D. 110602B]
Fisheries of the Exclusive Economic Zone Off Alaska; Gulf of
Alaska; 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, American Fisheries Act (AFA) sideboard
amounts, and specifications for prohibited species catch (PSC) amounts
for the groundfish fishery of the Gulf of Alaska (GOA). 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 fishery industry. The intended
effect is to conserve and manage the groundfish resources in the GOA.
DATES: The interim specifications are effective from 0001 hrs, Alaska
local time (A.l.t.), January 1, 2003, until the effective date of the
Final 2003 Harvest Specifications for GOA 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, 605 West 4th Avenue, Suite 306, Anchorage, AK
99501-2252, telephone (907-271-2809).
FOR FURTHER INFORMATION CONTACT: Thomas Pearson, 907-481-1780 or
tom.pearson@noaa.gov.
SUPPLEMENTARY INFORMATION:
Background
Federal regulations at 50 CFR part 679 implementing the Fishery
Management Plan (FMP) for Groundfish of the GOA govern the groundfish
fisheries in the GOA. The North Pacific Fishery Management Council
(Council) prepared the FMP, and NMFS approved it under the authority of
the Magnuson-Stevens Fishery Conservation and Management Act (Magnuson-
Stevens 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 and NMFS proposes a total acceptable biological
catch (ABC) of 382,790 mt and a TAC of 233,166 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)(ii), NMFS published in the Federal
Register proposed harvest specifications for groundfish and associated
management measures in the GOA for the 2003 fishing year (67 FR 76344,
December 12, 2002). That document contains a detailed discussion of the
proposed 2003 TACs, groundfish reserves, apportionments of TAC, ABC
amounts, overfishing levels (OFLs), PSC amounts and apportionments, and
associated management measures of the GOA 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(c)(2)(i) require that one-fourth of
each proposed TAC and apportionment thereof (not including the reserves
and the first seasonal allowance of pollock and Pacific cod) and one-
fourth of the halibut PSC amounts become effective at 0001 hours,
A.l.t., January 1, on an interim basis and remain in effect until
superseded by the final harvest specifications. The final rule to
implement the Steller sea lion protection measures will make the
proposed first seasonal allowances of pollock and Pacific cod effective
at 0001 hours, A.l.t., January 1, on an interim basis. They will remain
in effect until superseded by the final harvest specifications. As
stated in the proposed specifications (67 FR 76344, December 12, 2002),
no harvest of groundfish is authorized prior to the effective date of
this action implementing the interim specifications.
Regulations at Sec. 679.20(a)(6)(ii) and (iii) allocate 100
percent of the pollock TAC to vessels catching pollock for processing
by the inshore component, 90 percent of the Pacific cod TAC to vessels
catching Pacific cod for processing by the inshore component, and 10
percent of the Pacific cod TAC to vessels catching Pacific cod for
processing by the offshore component.
The reserves for the GOA are 20 percent of the TAC amounts for
pollock, Pacific cod, flatfish species, and the ``other species''
category (Sec. 679.20(b)(2)). The GOA groundfish TAC amounts have been
utilized fully since 1987 and NMFS expects this trend to continue in
2003. Therefore, NMFS has proposed reapportioning all the reserves to
TAC. The interim TAC amounts contained in Table 1 reflect the proposed
reapportionment of reserves back to the TAC.
Interim 2003 GOA Groundfish Harvest Specifications and Apportionments
Table 1 provides interim TAC amounts, the first seasonal allowance
of pollock in the combined Western and Central regulatory areas, the
first seasonal allowance of Pacific cod in the Western and Central
Regulatory Areas, interim TAC allocations of Pacific cod to the inshore
and offshore components, and interim sablefish TAC apportionments to
hook-and-line and trawl gear. These interim TAC amounts and
apportionments become effective at 0001 hours, A.l.t., January 1, 2003.
[[Page 78734]]
Table 1 - Interim 2003 TAC Amounts of Groundfish for the Combined
Western/Central (W/C), Western (W), Central (C), and Eastern (E)
Regulatory Areas and in the West Yakutat (WYK), Southeast Outside (SEO),
and Gulfwide (GW) Districts of the Gulf of Alaska (GOA)1,2. The first
seasonal allowances of pollock in the Combined W/C Regulatory Areas, the
first seasonal allowances of Pacific cod. Interim sablefish TAC
apportionments to hook-and-line (H/L) and trawl (TRW) gear.
------------------------------------------------------------------------
Interim TAC
Species Area (mt)
------------------------------------------------------------------------
Pollock\3,4\ W (610) 2,916
C (620) 8,618
C (630) 1,222
Subtotal W/C 12,656
WYK (640) 291
SEO (650) 1,615
Total ............ 14,562
Pacific cod\5\ ............ ...............
Inshore W 7,987
Offshore W 887
Inshore C 11,741
Offshore C 1,302
Inshore E 512
Offshore E 57
Total ............ 22,481
Flatfish, Deep-water\6\ ............ ...............
W 45
C 555
WYK 332
SEO 288
Total ............ 1,220
Rex sole ............ ...............
W 320
C 1,385
WYK 400
SEO 262
Total ............ 2,367
Flathead sole ............ ...............
W 500
C 1,250
WYK 398
SEO 172
Total ............ 2,320
Flatfish, Shallow-water\7\ ............ ...............
W 1,125
C 3,250
WYK 295
SEO 435
Total ............ 5,105
Arrowtooth flounder ............ ...............
W 2,000
C 6,250
WYK 625
SEO 625
Total ............ 9,500
Sablefish\8,9,10\ ............ ...............
H/L N/A (486)
TRW 122
H/L N/A (1,180)
TRW 295
TRW 70
H/L N/A (458)
SEO N/A (872)
Total ............ 3,483
Pacific ocean perch\11\ ............ ...............
W 658
C 2,072
WYK 195
SEO 400
Total ............ 3,325
Shortraker/rougheye\12\ ............ ...............
W 555
C 210
E 140
Total ............ 405
Rockfish, northern\13\ ............ ...............
W 190
[[Page 78735]]
C 985
E N/A
Total ............ 1,175
Rockfish, other\14,15\ ............ ...............
W 22
C 138
WYK 38
SEO 50
Total ............ 248
Rockfish, pelagic shelf\16\ ............ ...............
W 128
C 870
WYK 160
SEO 215
Total ............ 1,373
Rockfish, demersal shelf SEO\17\ ............ ...............
SEO 88
Thornyhead rockfish ............ ...............
W 90
C 210
E 198
Total ............ 498
Atka mackerel ............ ...............
GW 150
Other species\18\ ............ 2,776,
GOA Total Interim TAC ............ 71,076
------------------------------------------------------------------------
(Interim TAC amounts have been rounded to nearest mt)
\1\ Reserves have been reapportioned back to each species' TAC and are
reflected in the interim TAC amounts. (See Sec. 679.20(a)(2))
\2\ See Sec. 679.2 for definitions of regulatory area and statistical
area. See Figure 3b to part 679 for a description of regulatory
districts.
\3\ The first seasonal allowance of pollock TAC in the W/C combined area
is set at 25% of the annual TAC for the area which is 12,656 mt.
Within the W/C area pollock is apportioned between Statistical Areas
610, 620, and 630 based on the winter distribution of pollock in the
area which is 23% in Area 610 (2,916 mt), 68% in Area 620 (8,618 mt),
and 9% in Area 630 (1,122 mt). In the Eastern Regulatory Area, pollock
is not divided into less than annual allowances, and one-fourth of the
TAC is available on an interim basis.
\4\ The pollock TAC in all regulatory areas will be allocated 100
percent to vessels catching groundfish for processing by the inshore
component after subtraction of amounts that are determined by the
Regional Administrator, NMFS, to be necessary to support the bycatch
needs of the offshore component in directed fisheries for other
groundfish species. At this time, these bycatch amounts are unknown
and will be determined during the fishing year. (See Sec.
679.20(a)(6)(ii))
\5\ The Pacific cod TAC in all regulatory areas is allocated 90 percent
to vessels catching groundfish for processing by the inshore component
and 10 percent to vessels catching groundfish for processing by the
offshore component (See Sec. 679.20(a)(6)(iii)). The first seasonal
apportionment of Pacific cod in the GOA is 60% of the annual TAC.
\6\ ``Deep-water flatfish'' means Dover sole, Greenland turbot and
deepsea sole.
\7\ ``Shallow-water flatfish'' means flatfish not including ``deep-water
flatfish'', flathead sole, rex sole, and arrowtooth flounder.
\8\ Sablefish TAC amounts for each of the regulatory areas and districts
are assigned to hook-and-line and trawl gear. In the Central and
Western Regulatory Areas, 80 percent of the TAC is allocated to hook-
and-line gear and 20 percent to trawl gear. In the Eastern Regulatory
Area, 95 percent of the TAC is assigned to hook-and-line gear. Five
percent is allocated to trawl gear and may only be used as bycatch to
support directed fisheries for other target species. (See Sec.
679.20(a)(4))
\9\ The sablefish hook-and-line (H/L) gear fishery is managed under the
Individual Fishing Quota (IFQ) program and is subject to regulations
contained in subpart D of 50 CFR part 679. Annual IFQ amounts are
based on the final TAC amount specified for the sablefish H/L gear
fishery as contained in the final specifications for groundfish. Under
Sec. 679.7(f)(3), retention of sablefish caught with H/L gear is
prohibited unless the harvest is authorized under a valid IFQ permit
and IFQ card. In 2003, IFQ permits and IFQ cards will not be valid
prior to the effective date of the 2003 final specifications. Thus,
fishing for sablefish with H/L gear will not be authorized under these
interim specifications. Nonetheless, interim amounts are shown in
parentheses to reflect assignments of one-fourth of the proposed TAC
amounts among gear categories and regulatory areas in accordance with
Sec. 679.20(c)(2)(i). See Sec. 679.40 for guidance on the annual
allocation of IFQ.
\10\ Sablefish caught in the GOA with gear other than hook-and-line or
trawl gear must be treated as prohibited species and may not be
retained.
\11\ ``Pacific ocean perch'' means Sebastes alutus.
\12\ ``Shortraker/rougheye rockfish'' means Sebastes borealis
(shortraker) and S. aleutianus (rougheye).
\13\ ``Northern rockfish'' means Sebastes polyspinis.
14 ``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.
\15\ ``Slope rockfish'' means Sebastes aurora (aurora), S. melanostomus
(blackgill), S. paucispinis (bocaccio), S. goodei (chilipepper), S.
crameri (darkblotch), S. elongatus (greenstriped), S. variegateu
(harlequin), S. wilsoni (pygmy), S. proriger (redstripe), S. zacentrus
(sharpchin), S. jordani (shortbelly), S. brevispinis (silvergrey), S.
diploproa (splitnose), S. saxicola (stripetail), S. miniatus
(vermilion), S. babcocki (redbanded), and S. reedi (yellowmouth).
\16\ ``Pelagic shelf rockfish'' includes Sebastes ciliatus (dusky), S.
entomelas (widow), and S. flavidus (yellowtail). ``Offshore Pelagic
shelf rockfish'' includes S. ciliatus (dusky), S. entomelas (widow),
and S. flavidus (yellowtail).
\17\ ``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).
\18\ ``Other species'' includes sculpins, sharks, skates, squid, and
octopus. The TAC for ``other species'' equals 5 percent of the TAC
amounts of target species.
[[Page 78736]]
Interim 2003 Halibut PSC Mortality Limits
Under Sec. 679.21(d), annual Pacific halibut PSC mortality limits
are established for trawl and hook-and-line gear and may be established
for pot gear. The Council recommended and NMFS proposed to reestablish
the 2002 halibut mortality limits for 2003 because no new information
was available. Consistent with 2002, the Council recommended and NMFS
proposed exemptions for pot gear, jig gear and the sablefish hook-and-
line fishery from halibut PSC limits for 2003. The fishery specific
interim PSC limits for halibut are in effect at 0001 hours, A.l.t.,
January 1, 2003, and remain in effect until superseded by the final
2003 harvest specifications. The interim halibut PSC limits are: (1)
500 mt to trawl gear, (2) 72.5 mt to hook-and-line gear for fisheries
other than demersal shelf rockfish, and (3) 2.5 mt to hook-and-line
gear for the demersal shelf rockfish fishery in the Southeast Outside
District.
Regulations at Sec. 679.21(d)(3)(iii) authorize apportionments of
the trawl halibut PSC limit as bycatch allowances to a deep-water
species complex, comprised of rex sole, sablefish, rockfish, deep-water
flatfish, 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 interim 2003
apportionment for the shallow-water species complex is 409 mt and for
the deep-water species complex is 91 mt.
Interim 2003 Non-exempt AFA Catcher Vessel Groundfish Harvest and PSC
Limitations
One of the provisions implemented by AFA regulations was to place
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 and processors
who have received exclusive harvesting and processing privileges under
the AFA to protect the interests of fishermen and processors who have
not directly benefitted from the AFA. In the GOA, regulations that will
be effective with the final rule to implement major provisions of the
AFA prohibit unrestricted AFA catcher/processors from fishing for any
species of fish (Sec. 679.7(k)(1)(ii)) and from processing any
groundfish harvested in Statistical Area 630 of the GOA (Sec.
679.7(k)(1)(iv)). The Council recommended and NMFS proposed that
certain AFA catcher vessels in the GOA be exempt from groundfish
harvest limitations. Under the final rule to implement major provisions
of the AFA at Sec. 679.63(b)(1)(i)(B), exempted AFA catcher vessels in
the GOA will be those less than 125 ft (38.1 m) length overall (LOA)
whose annual BSAI pollock landings totaled less than 5,100 mt and that
made 40 or more GOA groundfish landings from 1995 through 1997.
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. Under the final rule to implement
major provisions of the AFA at Sec. 679.63(b)(1)(ii)(C), the amounts
of groundfish harvest limits in the GOA will be 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. These amounts are listed in Table 2. 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
2.
Table 2 - Interim 2003 GOA Non-Exempt AFA Catcher Vessel (CV) Groundfish Harvest Limitations (Sideboards). (Values are in mt)
--------------------------------------------------------------------------------------------------------------------------------------------------------
Ratio of 1995-1997 Non-
Species Apportionments and Allocations by Exempt AFA CV Catch to 1995- 2003 2003 Non-Exempt AFA Catcher
Area/processor/Gear 1997 TAC Interim TAC Vessel Sideboard
--------------------------------------------------------------------------------------------------------------------------------------------------------
Pollock Shumagin (610)................... 0.6112 2,916 1,782
Chirikof (620)................... 0.1427 8,618 1,230
Kodiak (630)..................... 0.2438 1,122 274
WYK (640)........................ 0.3499 291 102
SEO (650)........................ 0.3499 1,615 565
Pacific cod W inshore........................ 0.1423 7,979 1,135
offshore......................... 0.1026 887 91
C inshore........................ 0.0722 11,741 848
E inshore........................ 0.0721 1,305 94
offshore......................... 0.0079 512 4
0.0078 57 0
Flatfish deep-water ................................. 0.000 45 0
W................................ 0.0670 555 37
C................................ 0.0171 620 11
E................................
Rex sole W................................ 0.0010 320 0
C................................ 0.0402 1,385 56
E................................ 0.0153 662 10
Flathead sole W................................ 0.0036 500 2
C................................ 0.0261 1,250 33
E................................ 0.0048 570 3
Flatfish shallow-water W................................ 0.0156 1,125 18
C................................ 0.0598 3,250 194
E................................ 0.0126 730 9
Arrowtooth flounder W................................ 0.0021 1,125 4
C................................ 0.0309 3,250 193
E................................ 0.0020 730 2
Sablefish W trawl gear..................... 0.0000 122 0
C trawl gear..................... 0.0720 295 21
WYK trawl gear................... 0.0488 70 3
[[Page 78737]]
Pacific Ocean perch W................................ 0.0623 658 41
C................................ 0.0866 2,072 179
E................................ 0.0466 595 28
Shortraker/Rougheye W................................ 0.0000 55 0
C................................ 0.0237 210 5
E................................ 0.0124 140 2
Other rockfish W................................ 0.0034 22 0
C................................ 0.2065 138 28
E................................ 0.0000 88 0
Northern rockfish W................................ 0.0003 190 0
C................................ 0.0336 985 33
Pelagic shelf rockfish W................................ 0.0001 128 0
C................................ 0.0000 870 0
E................................ 0.0067 375 3
Thornyhead rockfish W................................ 0.0308 90 3
C................................ 0.0308 210 6
E................................ 0.0308 198 6
Demersal shelf rockfish SEO.............................. 0.0020 88 0
Atka mackerel Gulfwide......................... 0.0309 150 5
Other species Gulfwide......................... 0.0090 2,776 25
--------------------------------------------------------------------------------------------------------------------------------------------------------
Under the final rule to implement major provisions of the AFA at
Sec. 679.63(b)(1)(iii), PSC bycatch limits for non-exempt AFA catcher
vessels in the GOA are based upon the ratio of aggregate retained
groundfish catch by non-exempt 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 shown
in Table 3.
Table 3 - Interim 2003 Non-Exempt AFA Catcher Vessel Prohibited Species Catch (PSC) Limits for the GOA. (Values
are in mt)
----------------------------------------------------------------------------------------------------------------
Ratio of 1995-1997
Non-Exempt AFA CV Interim 2003 Non-
PSC Species Fishery Retained Catch to Interim 2003 PSC Exempt AFA Catcher
Total Retained Limit Vessel PSC Limit
Catch
----------------------------------------------------------------------------------------------------------------
Halibut......................... shallow water 0.340............. 409............... 139
mortality....................... complex. 0.070............. 91................ 6
deep water complex
----------------------------------------------------------------------------------------------------------------
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 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
(Sec. 679.20(d)(1)(iii)).
The Regional Administrator has determined that the following
interim TAC amounts (Table 4) are necessary as incidental catch to
support other anticipated groundfish fisheries for the 2003 fishing
year.
Table 4 - Interim Incidental Catch Needed to Support Other Directed Fisheries in the GOA in 2003. (Amounts are
in mt)
----------------------------------------------------------------------------------------------------------------
Species Regulatory Area Gear/Component Amount
----------------------------------------------------------------------------------------------------------------
Atka Mackerel................................................ entire GOA all 150
Thornyhead Rockfish.......................................... entire GOA all 498
Shortraker Rougheye Rockfish................................. entire GOA all 405
Other Rockfish............................................... entire GOA all 248
Sablefish.................................................... entire GOA trawl 487
Pollock...................................................... entire GOA all/offshore 0
----------------------------------------------------------------------------------------------------------------
[[Page 78738]]
In accordance with Sec. 679.20(d)(1)(i), the Regional
Administrator establishes the directed fishing allowances for the
species or species groups in Table 4 as zero. Therefore, in accordance
with Sec. 679.20(d)(1)(iii), NMFS is immediately prohibiting directed
fishing for those species, areas, gear types, and components listed in
Table 4. These closures will remain in effect until superseded by the
final 2003 harvest specifications.
The final rule to implement major provisions of the AFA at Sec.
679.63(b)(iv) will 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 Sec.
679.20(d)(1)(iv) and Sec. 679.21(d)(8). The Regional Administrator has
determined that in addition to the closures listed in this document,
many of the non-exempt AFA catcher vessel sideboard amounts listed in
Table 2 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 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 Sec.
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 in
Table 5. These closures will remain in effect until superseded by the
final 2003 harvest specifications.
Table 5 - Interim 2003 Non-Exempt AFA Catcher Vessel Sideboard Directed
Fishing Closures in the GOA
------------------------------------------------------------------------
Regulatory
Species Area/District Gear
------------------------------------------------------------------------
Pacific cod.................................... E GOA all
Deep-water flatfish............................ W and E GOA all
Rex sole....................................... W and E GOA all
Flathead sole.................................. E GOA all
Shallow-water flatfish......................... E GOA all
Arrowtooth flounder............................ E GOA all
Pacific ocean perch............................ W GOA all
Northern rockfish.............................. W GOA all
Pelagic shelf rockfish......................... entire GOA all
Demersal shelf rockfish........................ SEO District all
Other species.................................. entire GOA all
------------------------------------------------------------------------
Classification
This action is necessary to establish interim harvest limits for
the GOA groundfish fisheries for the 2003 fishing year. The groundfish
fisheries in the GOA are governed by Federal regulations at 50 CFR part
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 GOA, 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 GOA and BSAI 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 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 were not 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 GOA
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 GOA effective on January 1, 2003, provides good cause to waive
the 30-day delay in the effective date of the interim specifications.
In order for the GOA 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 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. 02-32432 Filed 12-24-02; 8:45 am]
BILLING CODE 3510-22-S