Fisheries of the Exclusive Economic Zone Off Alaska; Inshore- Offshore Allocations of Pollock and Pacific Cod Total Allowable Catch; Inshore-Offshore Allocation of 1999 Interim Groundfish Specifications

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 679

[Docket No. 981021263-9019-02; I.D. 090898D]

RIN: 0648-AK12

Fisheries of the Exclusive Economic Zone Off Alaska; Inshore-

Offshore Allocations of Pollock and Pacific Cod Total Allowable Catch;

Inshore-Offshore Allocation of 1999 Interim Groundfish Specifications

AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and

Atmospheric Administration (NOAA), Commerce.

ACTION: Final rule.

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SUMMARY: NMFS issues regulations to implement Amendment 51 to the

Fishery Management Plan (FMP) for the Groundfish Fishery of the Bering

Sea and Aleutian Islands Area (BSAI) and Amendment 51 to the Fishery

Management Plan for Groundfish of the Gulf of Alaska (GOA). This action

is necessary to implement the approved portions of Amendments 51/51.

The rules re-establish the catcher vessel operational area (CVOA) in

the Bering Sea and the allocations of total allowable catches (TACs) of

pollock and Pacific cod in the GOA between inshore and offshore

components of the fisheries through 2001. Accordingly, the 1999 interim

groundfish specifications are revised to reflect these allocations.

This action is intended to promote the goals and objectives of the

FMPs.

DATES: Effective January 20, 1999.

ADDRESSES: Copies of the Environmental Assessment, Regulatory Impact

Review and Final Regulatory Flexibility Analysis (EA/RIR/FRFA) prepared

for this action are available from the Alaska Region, NMFS, P.O. Box

21688, Juneau, AK 99802, Attn: Lori J. Gravel, or by calling the Alaska

Region, NMFS, at 907-586-7228.

FOR FURTHER INFORMATION CONTACT: Jay Ginter, 907-586-7228.

SUPPLEMENTARY INFORMATION: NMFS manages the groundfish fisheries off

Alaska under the FMPs. The North Pacific Fishery Management Council

(Council) prepared the FMPs pursuant to the Magnuson-Stevens Fishery

Conservation and Management Act (Magnuson-Stevens Act). Federal

regulations appearing at 50 CFR parts 600 and 679, respectively contain

general regulations governing U.S. fisheries and implement the FMPs.

Background

The TACs for pollock in the BSAI and for pollock and Pacific cod in

the GOA have been allocated between inshore and offshore components of

the groundfish fisheries since 1992. The Council repeatedly has

recommended inshore-offshore allocations of limited duration to allow

for periodic review of the performance of these management measures

relative to the fishery conservation and management problems they are

designed to resolve. The original inshore-offshore allocations were

effective from 1992 through 1995. Amendments 38 and 40 to the BSAI and

GOA FMPs, respectively, reestablished inshore-offshore allocations that

expired at the end of 1998.

At its meeting in June 1998, the Council took final action to adopt

Amendments 51/51 to the FMPs. By proposing these FMP amendments, the

Council intended to change the inshore-offshore allocations in the BSAI

but to continue the existing allocations in the GOA. Some other changes

in the inshore-offshore regime also were proposed as part of these

amendments. The Council transmitted Amendments 51/51 to NMFS on

September 4, 1998, and NMFS published a notice of availability (NOA) of

the amendments and supporting analyses on September 16, 1998 (63 FR

49540). The public comment period on the NOA ended on November 16,

1998. NMFS published proposed implementing rules for Amendments 51/51

on October 29, 1998, (63 FR 57996). The comment period on the proposed

rules ended on December 14, 1998. Additional background information

appears in the NOA and proposed rule notices.

On October 21, 1998, the President signed the American Fisheries

Act (AFA) into law (Pub. L. 105-277). The AFA, among other things,

allocated the BSAI pollock TACs differently than the Council had

recommended. The Council held a special meeting November 10-13, 1998,

in part to discuss the effects of AFA on its inshore-offshore proposal

and other management programs. In light of the AFA, the Council

recommended specific changes to its Amendment 51/51 proposal. Under the

Magnuson-Stevens Act (section 304), NMFS has authority only to approve,

disapprove, or partially approve an FMP or amendment; NMFS cannot

change a proposed FMP or FMP amendment once it has been submitted for

review, even if requested to do so by the Council that submitted it.

NMFS must base a decision to approve, disapprove, or partially approve

an FMP or FMP amendment on inconsistencies between

[[Page 3654]]

the disapproved parts and the Magnuson-Stevens Act or other applicable

law. On December 15, 1998, the Alaska Regional Administrator, NMFS,

(RA) partially approved BSAI Amendment 51, fully approved GOA Amendment

51, and notified the Council of this decision. The RA's decision not to

approve parts of BSAI Amendment 51 is consistent with the Council's

intent for achieving consistency with the AFA as expressed at its

meeting in November 1998.

Elements of Amendments 51/51 Approved and Disapproved

BSAI Amendment 51

As adopted by the Council in June 1998, this amendment contemplated

four changes to the current inshore-offshore allocation regime. These

changes are discussed below with reasons for approval or disapproval of

each change.

1. Pollock allocation-disapproved. This part of the amendment would

have changed the proportional allocation of the BSAI pollock TACs,

after subtraction of the reserves. The inshore allocation would have

increased from its current 35 percent to 39 percent; the offshore

allocation would have reciprocally decreased from its current 65

percent to 61 percent. Because Amendment 45 to the BSAI FMP removed the

7.5 percent Community Development Quota (CDQ) program allocation from

the inshore-offshore allocations, Amendment 51 did not include a CDQ

allocation.

NMFS disapproved the amendment's pollock allocation because it was

inconsistent with AFA section 206. This section of the AFA specifically

mandates an allocation of 10 percent of the pollock TAC to a directed

fishing allowance for the CDQ program plus an additional allocation of

pollock for incidental catches in all non-pollock fisheries. Of the

remaining pollock TAC, the law stipulates the following allocations: 50

percent to the inshore component, 40 percent to the offshore component

(catcher/processors), 10 percent to the offshore component

(motherships).

The allocations specified by the AFA will be implemented in 1999

through the annual groundfish specification process. Proposed and

interim specifications were published, respectively, on December 30,

1998 (63 FR 71867), and January 4, 1999 (64 FR 50).

2. Small vessel set aside-Disapproved. This part of the amendment

would have set aside a portion of the inshore component pollock

allocation for use by catcher vessels less than 125 ft (38.1 m) length

overall immediately before the pollock B season, starting about August

25. The amount reserved in the set aside would have been equal to 2.5

percent of the BSAI pollock TACs, after subtraction of reserves.

NMFS disapproved this part of Amendment 51 because it was

inconsistent with several sections of the AFA and National Standard 7

of the Magnuson-Stevens Act which requires that conservation and

management measures shall where practicable minimize cost and avoid

unnecessary duplication. Section 206 of the AFA specifically mandates

allocations among CDQ and inshore and offshore components of the BSAI

pollock fishery. The proposed set aside conflicts with these AFA-

specified allocations because it would have been based on the TAC; not

simply a sub-allocation of the inshore component allocation. Further,

sections 208(a) and 210(b) of the AFA appear to provide the market

erosion protections for small vessels that the TAC set aside was

designed to provide. Section 208(a) establishes increased restrictions

on entry into the inshore catcher vessel fishery, and section 210(b)

allows inshore catcher vessels to form an exclusive cooperative.

Moreover, the AFA provides the entire inshore component with a

substantially increased allocation of the pollock TAC (about 30

percent) relative to its allocation from 1992 through 1998. The small

vessels that operate in the inshore component likely will benefit to

some degree from this increased allocation. Therefore, in light of the

AFA, the proposed small vessel set aside provisions would duplicate

existing provisions and impose unnecessary regulatory costs on the

pollock fisheries.

3. Catcher vessel operational area (CVOA)-Partially Approved. This

part of Amendment 51 will continue the CVOA specified in the existing

regulations with respect to the geographic area and its effectiveness

during the B season (50 CFR 679.22(a)(5)). Amendment 51, however, would

have changed the existing CVOA rules by excluding from the CVOA all

catcher vessels that deliver pollock to the offshore component. This

would have prevented catcher vessels from conducting directed fishing

in the CVOA for pollock for delivery to motherships or catcher/

processors (the offshore component) during the B season. Under the

current CVOA regulation, all catcher vessels, regardless of whether

they deliver to inshore or offshore components, may fish in the CVOA.

The NMFS has approved all of the proposed amendment text pertaining

to the CVOA with the exception of the phrases that would have excluded

from the CVOA catcher vessels catching pollock for processing by the

offshore component. The reason for selectively disapproving such text

is its inconsistency with national standard 7. The Council intended the

disapproved text to establish parity between the motherships and the

catcher/processor vessels within the offshore component. Motherships

have been allowed to operate within the CVOA, receiving and processing

pollock harvested by catcher vessels. Catcher/processor vessels are not

allowed to harvest pollock in the CVOA during the B season. In

recommending the CVOA portion of Amendment 51, the Council attempted to

create parity between motherships and catcher/processor vessels. As

stated in the preamble to the proposed rule (63 FR 58000-58001), the

Council noted that the proportion of catch taken by mothership

operations increased at the expense of catcher/processors during the

period 1991-96, and that motherships may have had a competitive

advantage over catcher/processors. The AFA, however, specifies separate

allocations of the pollock TACs for the mothership and catcher/

processor sectors, thereby achieving the parity intended by the

Council. Hence, the exclusion of catcher vessels from the CVOA that

deliver to the offshore component was an unnecessary duplication of an

AFA provision. As such, it was inconsistent with national standard 7.

Disapproval of the offshore catcher vessel text does not prevent

the implementation of the CVOA provision. In fact, it makes the

approved CVOA more closely resemble the CVOA provision in effect during

1996-98. In addition, at its meeting in November 1998, the Council

indicated its desire to remove this more restrictive provision from its

Amendment 51 proposal and return to the previous CVOA rule.

Although the approved CVOA provisions are effectively the same as

they were from 1996-98, further restrictions on fishing in the CVOA

will be implemented in 1999 to mitigate the effects of pollock fishing

on Steller sea lions and their critical habitat, within which much of

the CVOA lies. These restrictions will have the effect of dispersing

the pollock fishery in time and area and will be made by separate

regulatory action.

4. Duration-Disapproved. As proposed, the pollock allocations in

Amendment 51 would have been effective for the 3-year period, January

[[Page 3655]]

1, 1999, through December 31, 2001. This period is inconsistent with

the effective period of the inshore-offshore allocations specified in

the AFA of January 1, 1999, through December 31, 2004 (sec. 206 and

213). No duration limit was specified in the proposed amendment text

for the CVOA provision. Hence, this provision will continue in effect

until changed by action of the Council and NMFS.

GOA Amendment 51

As adopted by the Council in June 1998, this amendment

reestablishes, without change, the current inshore-offshore allocation

regime in the GOA through December 31, 2001. These provisions are

discussed below with reasons for approval of each change.

1. Pollock allocation-Approved. This part of the amendment will

maintain the current allocation of the pollock TACs of 100 percent to

the inshore component. This allocation is consistent with the Magnuson-

Stevens Act and other applicable law.

2. Pacific cod allocation-Approved. This part of the amendment will

maintain the current allocation of the Pacific cod TACs of 90 percent

to the inshore component and 10 percent to the offshore component.

These provisions are consistent with the Magnuson-Stevens Act and other

applicable law.

3. Duration--Approved. The effective period for the allocations in

Amendment 51 is extended for another 3 years, from January 1, 1999,

through December 31, 2001. Section 213 of the AFA does not apply to the

GOA allocations proposed by the Council. Therefore, the proposed

duration of the amendment is not inconsistent with AFA, the Magnuson-

Stevens Act or other applicable law.

Changes From the Proposed Rule

As indicated above, the AFA substantially changed the statutory

climate in which the Council was acting when it adopted Amendments 51/

51 in June 1998. The proposed implementing rule for Amendments 51/51,

published on October 29, 1998 (63 FR 57996), represented the amendments

as the Council had submitted them and discussed anticipated AFA

provisions in the preamble. Hence, differences between the proposed

rule and this final rule are due to the partial approval of the

amendments, as discussed earlier above, and result principally from the

effect of the AFA. A detailed discussion of these differences follows.

1. Definitions. The terms ``inshore component'' and ``offshore

component'' are changed to reflect the AFA meaning of these terms in

the BSAI as distinct from their meaning in the GOA and to prescribe

different duration dates in the BSAI and the GOA. The AFA's definition

of ``inshore component'' for pollock fishing in the BSAI does not

include vessels that process pollock or GOA Pacific cod in a single

geographic location in Alaska State waters. Rather the AFA considers

such vessels to be ``shoreside processors'' (AFA sec. 208(f)(1)(A)).

For the GOA pollock fishery, however, the ``inshore component''

definition remains as proposed. Also, the duration of the AFA

provisions continues through December 31, 2004 (AFA sec. 213(a)),

whereas the duration of the GOA inshore-offshore provisions, as

recommended by the Council and approved, continue through December 31,

2001. This final rule clarifies these differences between the AFA and

approved inshore-offshore provisions for the GOA by prescribing 4

separate definitions for the BSAI and GOA inshore and offshore

components.

2. Prohibitions. The inshore-offshore prohibitions paragraph

(Sec. 679.7(a)(7)) is expanded to accommodate the differences between

the inshore and offshore component definitions in the BSAI and the GOA,

respectively, as explained above. The final rule prohibitions are

substantially the same as those in the proposed rule, however, in that

they prohibit the operation of a vessel in more than one category of

the inshore component or in the inshore and offshore component during

the same fishing year.

3. Allocations specified. The specific allocations of the pollock

TACs in the BSAI in Sec. 679.20(a)(6)(i) are changed for consistency

with the AFA. This final rule references section 206(b) of the AFA as

governing these allocations instead of explicitly specifying the AFA

inshore and offshore allocations. These allocations will be made

effective for 1999 through the annual specifications notices required

under Sec. 679.20(c). Likewise, Sec. 679.20(b)(1)(iv) is allowed to

expire because non-specific reserve amounts of pollock are superceded

by the AFA. The Council may submit another FMP amendment during 1999 to

formally integrate the AFA provisions into the FMP for the Groundfish

Fishery of the BSAI.

With respect to the GOA allocations, no substantive changes are

made in this final rule. Minor changes were made, however, in light of

the new defined terms for inshore and offshore components. Similar

editorial changes are made in the final rule paragraphs (b)(2) and

(c)(4) of Sec. 679.20 to differentiate the duration dates and inshore

and offshore component terms defined for the BSAI and GOA,

respectively.

The proposed BSAI pollock TAC ``set-aside'' for vessels less than

125 ft (38.1 m) LOA, is not included in the final rule because NMFS has

disapproved this part of Amendment 51 (see above).

4. Area closures. The proposed duration date for the CVOA is

omitted in this final rule because the approved BSAI Amendment 51 text

does not explicitly state an expiration date for the CVOA. In addition,

the proposed exclusion of ``vessels catching pollock for processing by

the offshore component'' from the CVOA (in proposed

Sec. 679.22(a)(5)(ii)) is removed from this final rule because this

part of the Amendment 51 CVOA proposal was disapproved. In effect, the

approved CVOA provision as implemented by this rule is the same as the

CVOA provision in effect during 1996 through 1998.

5. Seasons. The effective duration date is changed for the

restrictions that apply to the offshore component in the BSAI (at

Sec. 679.23(e)(2)(ii)). This change is made to achieve consistency with

the AFA. In addition, the proposed season beginning date for vessels

less than 125 ft (38.1 m) LOA fishing for the pollock ``set-aside'' is

not included in this final rule because this part of Amendment 51 was

disapproved. This provision was proposed at Sec. 679.23(e)(2)(iii)

which is removed from this final rule. As a result, proposed

Sec. 679.23(e)(2)(iv), the B season fair start provision, is

redesignated as Sec. 679.23(e)(2)(iii) and edited to remove reference

to the ``set-aside'' season provision.

NMFS anticipates that the restrictions on season start dates for

the offshore component in the BSAI set forth at Sec. 679.23(e)(2)(ii)

and (iii) will be subject to change under subsequent rulemaking to

implement Steller sea lion mitigation measures.

Response to Comments

The public comment period on Amendments 51/51 ended on November 16,

1998, as announced in the NOA published September 16, 1998 (63 FR

49540). The comment period on the proposed rules to implement the

amendments ended on December 14, 1998, as announced in the proposed

rule published on October 29, 1998 (63 FR 57996). All comments received

on the amendments and the proposed rule are summarized and responded to

below. A total of 71 letters of comment were received. Of the total, 65

letters essentially made the same comment and are summarized under

Comment 1. One letter responded with no comment and one letter asked

for an extension of the comment period which was denied.

[[Page 3656]]

Comment 1. The existing allocation of 35 percent inshore and 65

percent offshore has worked well since 1992. Both sectors of the

pollock processing industry have been able to prosper under this

allocation. Moving more pollock from the offshore to the inshore sector

will hurt employment in the offshore sector. Comment writers were

fearful of the negative economic effects on their families and their

communities of allocating pollock TAC away from the offshore vessels

and supported maintaining the 35/65 split of the pollock TACs for

inshore-offshore allocation.

Response. NMFS appreciates the economic significance of the pollock

fishing and processing industry. Passage of the AFA, however, removed

the pollock allocation decision from the Council's and NMFS's

authority, and NMFS is not making the BSAI reallocations in this final

rule. NMFS expects to implement the APA-mandated allocations through

the final specifications and other proposed and final rules. NMFS will

analyze the economic impacts of such allocations at the time of those

rulemakings.

Comment 2. The small vessel set-aside adversely restricts access to

a certain portion of the Bering Sea pollock resource based on the size

of catcher vessels. The analyses do not support a decision to approve

the set-aside, especially in light of the AFA. The root cause of the

market erosion experienced by smaller vessels is not adequately

identified. The small vessel set-aside will increase the amount of

pollock caught without observers aboard because vessels under 125 ft

(38.1 m) LOA have less observer coverage than larger vessels. Increased

catches by smaller vessels will increase operating inefficiencies and

safety problems.

Response. The partial approval of BSAI Amendment 51 did not include

the proposed small vessel set-aside provision. NMFS determined that

this provision was unnecessary in light of the AFA. The Council also

reached this conclusion at its meeting in November 1998 (see Comment

5).

Comment 3. Concern was expressed about the proposal to prohibit

catcher vessels that deliver pollock to the offshore sector from

operating in the CVOA. Moving the catcher vessels that deliver to

motherships out of the CVOA during the B season may pose an increased

safety risk. Accident records of the U.S. Coast Guard for the last 5

years indicate more vessels under 124 ft (37.8 m) were lost outside of

the CVOA than were lost inside the CVOA.

Response. NMFS did not approve the offshore catcher vessel

prohibition part of the CVOA proposal (see above).

Comment 4. Council discussion of the issue of prohibiting catcher

vessels from the CVOA if they deliver to motherships centered on the

contention that catcher/processors were disadvantaged by the

motherships ability to operate in the CVOA. This contention is wrong

because catcher/processors are allowed to operate in the CVOA if they

operate in the same manner as motherships (i.e. do not catch pollock

but only receive pollock from catcher vessels). Mothership operations

have no competitive advantage over catcher/processor inside the CVOA.

Catcher/processors normally choose to fish outside of the CVOA for

economic, not regulatory, reasons. With the passage of the AFA, the

Council's proposal regarding offshore catcher vessels in the CVOA

becomes moot because it fixes the allocation of pollock between

motherships and catcher/processors.

Response. NMFS agrees and did not approve the offshore catcher

vessel prohibition part of the CVOA proposal (see above).

Comment 5. The Council commented on its BSAI Amendment 51 proposal

in light of the AFA and based on Council discussions at its special

meeting in November 1998. The Council recommended substituting the

pollock allocation percentages and duration provisions of the AFA for

those proposed in BSAI Amendment 51. The Council also recommended that

the TAC set-aside for small vessels and the exclusion of offshore

catcher vessels from the CVOA be found unnecessary given the explicit

allocations under the AFA that increase the inshore component's share

of the TAC and allow the inshore component to form cooperative

agreements under the AFA. Although originally submitted as a non-

severable FMP amendment proposal, the passage of the AFA represents a

unique situation which requires partial disapproval of the Council's

earlier recommendations.

Response. NMFS agrees and has disapproved the proposed provisions

for a small vessel set-aside and the exclusion of offshore catcher

vessels from the CVOA. The Magnuson-Stevens Act does not allow NMFS to

substitute new provisions for those recommended by a Regional Council.

The Act allows only the approval, disapproval, or partial approval of

the Council's recommended provisions. The AFA-mandated allocations of

the pollock TACs, however, will be implemented in 1999 through the

annual specification process. A letter from NMFS indicating the

approved and disapproved portions of Amendments 51/51 was sent to the

Council on December 15, 1998.

Interim Specifications

Regulations at Sec. 679.20(c)(1) require annual publication of

proposed specifications of catch limits in the BSAI and GOA groundfish

fisheries for the next fishing year. The 1999 proposed specifications

for the BSAI and the GOA were published on December 30, 1998 (63 FR

71867 and 71876, respectively). Interim specifications

(Sec. 679.20(c)(2)) provide for groundfish fisheries that start in

early January each year and remain in effect until superceded by

publication of the final specifications. Interim specifications for the

BSAI and GOA groundfish fisheries were published on January 4, 1999 (64

FR 50 and 46, respectively). The AFA authorizes the interim

specification of inshore and offshore amounts for the BSAI pollock

fisheries. This final rule makes effective the interim allocations of

inshore and offshore amounts for the GOA pollock and Pacific cod

fisheries.

Classification

This action has been determined to be not significant under E.O.

12866, based on the EA/RIR/FRFA prepared for this action (see

ADDRESSES).

The Council prepared an IRFA on the proposed rule to implement

amendments 51/51. However, as explained above, NMFS has disapproved

substantial portions of the proposed amendments and is consequently

implementing only a portion of the provisions described in the proposed

rule. NMFS has prepared an FRFA that considers only those aspects of

the proposed rule that are now being implemented.

This final rule would apply to about 1,508 vessels that

participated in the GOA groundfish fisheries in 1996, an unknown number

of which are small entities. The number is unknown because the data

source for this number, i.e., permit records, does not have any data

regarding whether the vessel is a small entity. The proportion of these

vessels that participate in the inshore sector versus the offshore

sector is unknown. However, NMFS believes that most of these vessels

are likely inshore small entities because there is virtually no

offshore fishery in the GOA; 100 percent of the pollock fishery is

allocated to the inshore component, and ninety percent of the Pacific

cod fishery is also allocated to the inshore component. The portion of

the rule implementing the CVOA would apply only to the independent

catcher vessels

[[Page 3657]]

that participate in the BSAI pollock fishery. The FRFA estimates those

vessels to consist of about 50 independent catcher vessels all of which

are small entities.

The final rule imposes no new reporting, record keeping, or other

compliance requirements. A description of the need for this action, as

well as summaries of and responses to public comments, appear in this

preamble, above. The comment most relevant to the IRFA was Comment one.

Although the allocations mandated by the AFA may have even more

pronounced economic impacts than the proposed rule may have had, those

impacts are no longer associated with this rule. NMFS expects to

implement these AFA allocations through the final specifications or

other proposed and final rules. NMFS will analyze the economic impacts

of those allocations for these future rule makings.

The approved portions of the amendments (the CVOA and the GOA

allocations) would benefit the inshore component to the detriment of

the offshore component. Because most of the small entities affected by

this final rule participate in the inshore component, while the

offshore component consists mainly of large entities, the main impacts

of this final rule are likely to be beneficial to small entities. The

allocations in the GOA maintain the status quo, but the CVOA

allocations in the BSAI exclude the catcher processors, which has the

effect of conveying benefits to small entities. Because NMFS expects

actions to be beneficial to small entities, NMFS has taken no steps to

minimize the significant economic impacts on small entities.

Pursuant to section 7 of the Endangered Species Act, NMFS initiated

consultation on the effects of proposed Amendments 51/51 and the BSAI

and GOA pollock fisheries on listed and candidate species, including

the Steller sea lion and designated critical habitat. The biological

opinion prepared for this consultation, dated December 3, 1998, and

revised December 16, 1998, concludes that the BSAI and GOA pollock

fisheries jeopardize the continued existence of Steller sea lions and

adversely modify their designated critical habitat. The biological

opinion contains reasonable and prudent alternatives (RPAs) to mitigate

the adverse impacts of the pollock fisheries on Steller sea lions.

Specific measures to implement the RPAs were discussed by the Council

at its meeting in December 1998 and will be implemented by NMFS through

emergency rulemaking before the start of the BSAI and GOA pollock

fisheries in 1999. The effects of Steller sea lion mitigation measures

on the pollock allocations created under the AFA and GOA Amendment 51

are uncertain.

This rule contains no new collection-of-information requirements

subject to the Paperwork Reduction Act.

The Assistant Administrator for Fisheries, NOAA, finds there is

good cause under the authority contained in 5 U.S.C. 553(d) to waive

the 30-day delay in effective date because the immediate effectiveness

of this rule is required to prevent the offshore component in the GOA

from exceeding its statutory allocations of pollock and Pacific cod

when directed fisheries for these species open in January 1999.

List of Subjects in 50 CFR Part 679

Alaska, Fisheries, Recordkeeping and reporting requirements.

Dated: January 19, 1999.

Rolland A. Schmitten,

Assistant Administrator for Fisheries, National Marine Fisheries

Service.

For the reasons set out in the preamble, 50 CFR part 679 is amended

as follows:

PART 679--FISHERIES OF THE EXCLUSIVE ECONOMIC ZONE OFF ALASKA

1. The authority citation for part 679 continues to read as

follows:

Authority: 773 et seq., 16 U.S.C. 1801 et seq., and 3631 et seq.

2. In Sec. 679.2, the definitions of ``Inshore component'' and

``Offshore component'' are removed and the definitions of ``Inshore

component in the BSAI'', ``Inshore component in the GOA'', ``Offshore

component in the BSAI'', and ``Offshore component in the GOA'' are

added, in alphabetical order, to read as follows:

Sec. 679.2 Definitions.

* * * * *

Inshore component in the BSAI (applicable through December 31,

2004) means the following categories that process groundfish harvested

in the BSAI:

(1) Shoreside processors, including those eligible under section

208(f) of the American Fisheries Act; and

(2) Vessels less than 125 ft (38.1 m) LOA that process less than

126 mt per week in round-weight equivalents of an aggregate amount of

pollock and Pacific cod.

Inshore component in the GOA (applicable through December 31, 2001)

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 BSAI (applicable through December 31,

2004) means all vessels not included in the definition of ``inshore

component in the BSAI'' that process groundfish in the BSAI.

Offshore component in the GOA (applicable through December 31,

2001) means all vessels not included in the definition of ``inshore

component in the GOA'' that process groundfish in the BSAI or GOA.

* * * * *

3. In Sec. 679.7, paragraph (a)(7) is revised to read as follows:

Sec. 679.7 Prohibitions.

* * * * *

(a) * * *

(7) Inshore-offshore--(i) (Applicable through December 31, 2004).

Operate any vessel in the BSAI in more than one of the two categories

included in the definition of ``inshore component in the BSAI,'' in

Sec. 679.2, during any fishing year.

(ii) (Applicable through December 31, 2004). Operate any vessel in

the BSAI under both the ``inshore component in the BSAI'' and the

``offshore component in the BSAI'' definitions in Sec. 679.2 during the

same fishing year.

(iii) (Applicable through December 31, 2001). 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 Sec. 679.2 during the same fishing year.

(iv) (Applicable through December 31, 2001). Operate any vessel in

the GOA in more than one of the three categories included in the

definition of ``inshore component in the GOA,'' in Sec. 679.2, during

any fishing year.

(v) (Applicable through December 31, 2001). Operate any vessel in

the GOA under both the ``inshore component in the GOA'' and the

``offshore component in the GOA'' definitions in Sec. 679.2 during the

same fishing year.

(vi) (Applicable through December 31, 2001). Operate any vessel in

the GOA

[[Page 3658]]

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

Sec. 679.2 during the same fishing year.

(vii) (Applicable through December 31, 2001). 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 Sec. 679.2 during the same fishing year.

* * * * *

4. In Sec. 679.20, paragraphs (a)(6), (b)(2), and (c)(4) are

revised to read as follows:

Sec. 679.20 General limitations.

* * * * *

(a) * * *

(6) Inshore-offshore apportionments--(i) BSAI pollock (applicable

through December 31, 2004). The apportionment of pollock in each BSAI

subarea or district and season between the inshore component in the

BSAI and the offshore component in the BSAI will be the same as that

specified in section 206(b) of the American Fisheries Act.

(ii) GOA pollock (applicable through December 31, 2001). The

apportionment of pollock in all GOA regulatory areas and for each

season allowance 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 December 31, 2001). 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.

* * * * *

(b) * * *

(2) * * *

(i) Pollock inshore-offshore reapportionment (applicable through

December 31, 2001). Any amounts of the GOA reserve that are

reapportioned to pollock as provided by this paragraph (b) 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)(ii) of this section.

(ii) Pacific cod inshore-offshore reapportionment (applicable

through December 31, 2001). Any amounts of the GOA reserve that are

reapportioned to Pacific cod as provided by this paragraph (b) 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 the section.

* * * * *

(c) * * *

(4) Inshore-offshore allocations--(i) BSAI pollock (applicable

through December 31, 2004). The proposed, interim, and final

specifications will specify the allocation of pollock for processing by

the inshore component in the BSAI and the offshore component in the

BSAI, and any seasonal allowances thereof, as authorized under

paragraphs (a)(5) and (a)(6) of this section.

(ii) GOA pollock and Pacific cod (applicable through December 31,

2001). The proposed, interim, and final specifications will specify the

allocation of GOA pollock and GOA Pacific cod for processing by the

inshore component in the GOA and the offshore component in the GOA, and

any seasonal allowances thereof, as authorized under paragraphs (a)(5)

and (a)(6) of this section.

* * * * *

5. In Sec. 679.22, paragraph (a)(5) is revised to read as follows:

Sec. 679.22 Closures.

(a) * * *

(5) Catcher Vessel Operational Area (CVOA). The CVOA is defined as

that part of the BSAI that is south of 56 deg.00' N. lat. and between

163 deg.00' W. long. and 167 deg.30' W. long. (Figure 2 to part 679).

(i) Effective time period. The CVOA is established annually during

the B season, defined at Sec. 679.23(e)(2)(I)(B), from September 1

until the date that NMFS closes the B season allocation for the inshore

component in the BSAI to directed fishing.

(ii) Offshore component in the BSAI restrictions. A catcher/

processor vessel in the offshore component is prohibited from

conducting directed fishing for pollock in the CVOA unless it is

operating under a CDP approved by NMFS.

(iii) Fisheries other than pollock. A vessel that harvests or

processes groundfish in directed fisheries for species other than

pollock may operate within the CVOA consistent with the other

provisions of this part.

* * * * *

6. In Sec. 679.23, paragraph (e)(2) is revised to read as follows:

Sec. 679.23 Seasons.

* * * * *

(e) * * *

(2) Directed fishing for pollock. (i) Subject to other provisions

of this part, and except as provided in paragraphs (e)(2)(ii) and

(e)(2)(iii) of this section, directed fishing for pollock 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. April 15.

(B) B season. From 1200 hours A.l.t. September 1 through 1200 hours

A.l.t. November 1.

(ii) Offshore component in the BSAI restrictions (applicable

through December 31, 2004)--(A) Offshore A season. Subject to other

provisions of this part, directed fishing by the offshore component in

the BSAI, or by vessels catching pollock for processing by the offshore

component in the BSAI, is authorized from 1200 hours A.l.t. January 26

through 1200 A.l.t. April 15.

(B) Offshore A season ``fair start'' requirement. Directed fishing

for pollock by the offshore component in the BSAI, or by vessels

catching pollock for processing by the offshore component in the BSAI,

is prohibited through 1200 hours A.l.t., February 5, for any vessel

that is used to fish in a non-CDQ fishery for groundfish in the BSAI or

GOA, or for king or Tanner crab in the BSAI prior to 1200 hours,

A.l.t., January 26 of the same year.

(iii) B season ``fair start'' requirement. Directed fishing for

pollock is prohibited from 1200 hours, A.l.t., September 1, through

1200 hours, A.l.t., September 8, for any vessel that is used to fish

for groundfish with trawl gear in a non-CDQ fishery in the BSAI or GOA

between 1200 hours, A.l.t., August 25, and 1200 hours, A.l.t.,

September 1.

* * * * *

[FR Doc. 99-1529 Filed 1-20-99; 12:36 pm]

BILLING CODE 3510-22-F