Fisheries of the Exclusive Economic Zone Off Alaska; Observer and Inseason Management Requirements for Pollock Catcher/Processors; Extension of Expiration Date

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 679

[Docket No. 990113011-9011-01; I.D. 010699A]

RIN 0648-AM06

Fisheries of the Exclusive Economic Zone Off Alaska; Observer and

Inseason Management Requirements for Pollock Catcher/Processors;

Extension of Expiration Date

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

Atmospheric Administration (NOAA), Commerce.

ACTION: Emergency interim rule; extension of expiration date.

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SUMMARY: NMFS extends the expiration date of an emergency interim rule

that established additional observer coverage requirements for the 20

catcher/processor (C/P) vessels and that established inseason authority

to manage the non-pollock harvest limitations required under the

American Fisheries Act (AFA) for these 20 vessels. The emergency

interim rule that is effective from January 20, 1999, through July 19,

1999, is extended through December 31, 1999. This action is necessary

to monitor and manage the harvest of the listed C/Ps and is intended to

comply with the statutory provisions promulgated under the AFA for

these vessels in 1999.

DATES: Effective June 23, 1999, the expiration date of the emergency

interim rule published January 22, 1999 (64 FR 3435), is extended from

July 19, 1999, through December 31, 1999.

FOR FURTHER INFORMATION CONTACT: Sue Salveson, 907-586-7228.

SUPPLEMENTARY INFORMATION: On October 20, 1998, the President signed

the AFA into law. The AFA specifies the manner in which the Bering Sea

and Aleutian Islands management area (BSAI) pollock fishery must be

managed, as well as measures to limit activity of pollock vessels in

non-pollock fisheries. Section 208(e)(1) through (20) of the AFA lists

C/Ps that are subject to specific harvest limitations for pollock and

non-pollock species starting in 1999. These harvest limitations were

established as part of the 1999 groundfish specification process

authorized under regulations at 50 CFR 679.20 (64 FR 50, January 4,

1999, and 64 FR 12103, March 11, 1999). NMFS published an emergency

interim rule in the Federal Register on January 22, 1999 (64 FR 3435),

that implemented additional observer coverage and inseason management

authority necessary to monitor and manage these harvest limitations at

the start of the 1999 fishing season. Specifically, the emergency

interim rule implemented the following measures for a 180-day period

(through July 19, 1999):

1. A requirement that two NMFS-certified observers must be aboard

each of the 20 listed C/Ps at all times the vessel is used to fish for

groundfish in Federal waters off Alaska and that at least one of the

observers aboard each listed C/P must have successfully completed the

additional training necessary to be certified to observe in the

multispecies groundfish community development quota program

(Sec. 679.50(h)(1)(i)(D)); and

2. The authority to establish directed fishing allowances for the

non-pollock groundfish harvest limitations specified for the listed C/

Ps under the AFA and the regulatory authority to close directed fishing

for non-pollock groundfish by the listed C/Ps if NMFS determines that

these vessels have reached a prohibited species limitation.

Further background and descriptive information is contained in the

preamble to the emergency interim rule published on January 22, 1999

(64 FR 3435).

The North Pacific Fishery Management Council (Council) is scheduled

to take final action to implement the AFA requirements in 2000 and

beyond under amendments to the BSAI Fishery Management Plan (FMP) at

its June and October 1999 meetings. Given the statutory review and

implementation schedule for FMP amendments set out under sections 303

and 304 of the Magnuson-Stevens Fishery Conservation and Management Act

(Magnuson-Stevens Act), the Council requested NMFS to extend the

emergency provisions to provide for the monitoring of listed C/P

harvest limitations for the remainder of 1999 as authorized under

section 305(c)(3)(B) of the Magnuson-Stevens Act. NMFS concurs that

this time period is minimally necessary for the development and

preparation of FMP amendments to implement management provisions of the

AFA.

Details concerning the basis for this action are contained in the

initial emergency interim rule and are not repeated here. No comments

were received during the comment period for the initial emergency

interim rule.

Classification

The Assistant Administrator for Fisheries, NOAA (AA), has

determined that this rule is necessary to respond to an emergency

situation and that it is consistent with the Magnuson-Stevens Act and

other applicable laws.

Extension of the expiration date for this emergency interim rule is

necessary to continue to monitor and manage the non-pollock harvest

limitations required under the AFA for the listed C/Ps so that the

intent of the AFA for these vessels in 1999 is met. Failure to

implement an extension of the emergency measures would mean non-

compliance with the statutory provisions promulgated under the AFA for

the listed C/P vessels. The AA finds good cause to extend the emergency

interim rule in accordance with section 305(c)(3)(B) of the Magnuson-

Stevens Act. Pursuant to authority set forth at 5 U.S.C. 553(b)(B), the

AA finds that these

[[Page 33426]]

reasons constitute good cause to waive the requirement to provide prior

notice and the opportunity for public comment, as the delay associated

with such procedures would be contrary to the public interest.

Similarly, under 5 U.S.C. 553(d)(3), the AA finds for good cause

that a 30-day delay in the effective date of this rule would be

contrary to the public interest. Because prior notice and opportunity

for public comment are not required for this rule by 5 U.S.C. 553 or by

any other law, the analytical requirements of the Regulatory

Flexibility Act, 5 U.S.C. 601 et seq., are inapplicable.

This rule has been determined to be not significant for purposes of

E.O. 12866.

Authority: 16 U.S.C. 1801 et seq.

Dated: June 15, 1999.

Penelope D. Dalton,

Assistant Administrator for Fisheries, National Marine Fisheries

Service.

[FR Doc. 99-15859 Filed 6-22-99; 8:45 am]

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