Fisheries of the Exclusive Economic Zone Off Alaska; Steller Sea Lion Protection Measures for the Groundfish Fisheries Off Alaska

Part IV

Department of Commerce

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National Oceanic and Atmospheric Administration

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50 CFR Part 679

Fisheries of the Exclusive Economic Zone Off Alaska; Steller Sea Lion

Protection Measures for the Groundfish Fisheries Off Alaska; Proposed

Rule

Proposed Rules

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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 679

[Docket No. 020718172217201; I.D. 051402C]

RIN 0648AQ08

Fisheries of the Exclusive Economic Zone Off Alaska; Steller Sea

Lion Protection Measures for the Groundfish Fisheries Off Alaska

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

Atmospheric Administration (NOAA), Commerce.

ACTION: Proposed rule; request for comments.

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SUMMARY: NMFS issues a proposed rule to implement Steller sea lion

protection measures to avoid the likelihood that the groundfish

fisheries off Alaska will jeopardize the continued existence of the

western distinct population segment (DPS) of Steller sea lions or

adversely modify its critical habitat. These management measures will

disperse fishing effort over time and area to provide protection from

potential competition for important Steller sea lion prey species in

waters adjacent to rookeries and important haulouts. The intended

effect of this proposed rule is to protect the endangered western DPS

of Steller sea lions, as required under the Endangered Species Act

(ESA), and to conserve and manage the groundfish resources in the

Bering Sea/Aleutian Islands area (BSAI) and the Gulf of Alaska (GOA) in

accordance with the Magnuson-Stevens Fishery Conservation and

Management Act (Magnuson-Stevens Act).

DATES: Comments on the proposed rule must be received on or before

October 4, 2002.

DPS

of Steller sea lions, as required under the Endangered Species Act

(ESA), and to conserve and manage the groundfish resources in the

Bering Sea/Aleutian Islands area (BSAI) and the Gulf of Alaska (GOA) in

accordance with the Magnuson-Stevens Fishery Conservation and

Management Act (Magnuson-Stevens Act).

DATES: Comments on the proposed rule must be received on or before

October 4, 2002.

ADDRESSES: Comments must be sent to Sue Salveson, Assistant Regional

Administrator, Sustainable Fisheries Division, Alaska Region, NMFS,

P.O. Box 21668, Juneau, AK, 99802, Attn: Lori Gravel-Durall, or

delivered to room 401 of the Federal Building, 709 West 9th Street,

Juneau, AK. Comments will not be accepted if submitted via e-mail or

Internet. Copies of the environmental assessment/regulatory impact

review/initial regulatory flexibility analysis (EA/RIR/IRFA) for the

regulatory amendment to permit an investigation of the effect of

commercial fishing on Walleye pollock distribution and abundance in

localized areas off the east side of Kodiak Island, the supplemental

environmental impact statement on Steller Sea Lion protection measures

in the Federal groundfish fisheries off Alaska (SEIS), including the

2001 biological opinion and regulatory impact review, the November 30,

2000, biological opinion, the initial regulatory flexibility analysis,

and the October 2000 Biological Opinion Questions NMFS white paper, may

be obtained from the same address. The SEIS is also available on the

NMFS Alaska Region home page at http://www.fakr.noaa.gov. Send comments

on collection-of-information requirements to NMFS, Alaska Region, and

to the Office of Information and Regulatory Affairs (OIRA), Office of

Management and Budget (OMB), Washington, DC 20503 (Attn: NOAA Desk

Officer).

FOR FURTHER INFORMATION CONTACT: Melanie Brown, Sustainable Fisheries

Division, Alaska Region, 9075867228 or email at [email protected].

http://www.fakr.noaa.gov. Send comments

on collection-of-information requirements to NMFS, Alaska Region, and

to the Office of Information and Regulatory Affairs (OIRA), Office of

Management and Budget (OMB), Washington, DC 20503 (Attn: NOAA Desk

Officer).

FOR FURTHER INFORMATION CONTACT: Melanie Brown, Sustainable Fisheries

Division, Alaska Region, 9075867228 or email at [email protected].

SUPPLEMENTARY INFORMATION: NMFS manages the groundfish fisheries in the

exclusive economic zone off Alaska under the Fishery Management Plan

for the Groundfish Fishery of the Bering Sea and Aleutian Islands area

and the Fishery Management Plan for Groundfish of the Gulf of Alaska

(FMPs). The North Pacific Fishery Management Council (Council) prepared

the FMPs under the authority of the Magnuson-Stevens Act, 16 U.S.C.

1801, et seq. Regulations governing U.S. fisheries and implementing the

FMPs appear at 50 CFR parts 600 and 679. NMFS also has management

responsibility for certain threatened and endangered species, including

Steller sea lions, under the ESA of 1973, 16 U.S.C. 1531, et seq., and

the authority to promulgate regulations to enforce provisions of the

ESA to protect such species.

Background

On November 30, 2000, NMFS issued a biological opinion on the FMPs

(comprehensive BiOp), which determined that the pollock, Pacific cod,

and Atka mackerel fisheries were likely to jeopardize the continued

existence of the western DPS of Steller sea lions and to adversely

modify its critical habitat. It contained a reasonable and prudent

alternative (RPA) that included large fishery closure areas, harvest

limits and seasonal distribution of harvest for the pollock, Pacific

cod, and Atka mackerel fisheries. Before the RPA could be implemented,

the President signed Public Law 106554 on December 21, 2000, which

contained a 1year timetable to phase in the RPA

ely

modify its critical habitat. It contained a reasonable and prudent

alternative (RPA) that included large fishery closure areas, harvest

limits and seasonal distribution of harvest for the pollock, Pacific

cod, and Atka mackerel fisheries. Before the RPA could be implemented,

the President signed Public Law 106554 on December 21, 2000, which

contained a 1year timetable to phase in the RPA. This year provided the

Council with time to develop alternative conservation measures that

would avoid jeopardy and adverse modification of critical habitat for

Steller sea lions.

The Council appointed an RPA Committee consisting of a variety of

members including commercial fishery interests, the environmental

community, the Alaska Department of Fish and Game (ADF&G), and NMFS.

The RPA Committee met numerous times throughout 2001 to evaluate the

best scientific and commercial data available and, with the assistance

of agency expertise, developed recommendations for conservation

measures for the pollock, Pacific cod, and Atka mackerel fisheries.

More details on the protection measures development process follow

later in this preamble.

In a section 7 consultation under the ESA, NMFS issued a biological

opinion (2001 BiOp), which determined that the protection measures in

this proposed rule are unlikely to jeopardize the continued existence

of the western DPS of Steller sea lions or adversely modify its

critical habitat. Following this determination and, with the assistance

of a draft SEIS on a suite of possible management measures, the Council

adopted and forwarded to NMFS the conservation actions contained in

this proposed rule, which are necessary to comply with the ESA. These

measures are currently being implemented by emergency interim rule (67

FR 956, January 8, 2002, amended 67 FR 21600, May 1, 2002, and extended

67 FR 34860, May 16, 2002). The measures contained in this proposed

rule will not be implemented until the emergency interim rule expires

on December 31, 2002

n actions contained in

this proposed rule, which are necessary to comply with the ESA. These

measures are currently being implemented by emergency interim rule (67

FR 956, January 8, 2002, amended 67 FR 21600, May 1, 2002, and extended

67 FR 34860, May 16, 2002). The measures contained in this proposed

rule will not be implemented until the emergency interim rule expires

on December 31, 2002.

A detailed history on past biological opinions and court cases

regarding Steller sea lions and the Alaska groundfish fisheries and a

description of how the protection measures meet the national standards

in the Magnuson-Stevens Act are presented in the preamble to the

January 8, 2002, emergency interim rule.

Status of the Endangered Western DPS of Steller Sea Lions

In 1990, NMFS designated Steller sea lions as a threatened species

under the ESA. The designation followed severe declines throughout much

of the GOA and Aleutian Islands region. In 1993, NMFS designated

critical habitat for the species, including the marine areas within 20

nautical miles (nm) of major rookeries and haulouts west of 144[deg] W

longitude (long.) and three large aquatic foraging areas. In 1997, NMFS

recognized two separate populations and reclassified the western DPS

(west

of 144[deg] W long.) as endangered under the ESA.

The western DPS of Steller sea lions has been in decline since the

late 1970s when the first reliable population estimates were made

(about 109,800 animals). During the 1980s, a precipitous decline of

Steller sea lions was observed and by 1996, the population had declined

by 80 percent. Counts of adult and juvenile Steller sea lions have

continued to decline over the last decade, but at a reduced annual rate

of roughly 5 percent

as been in decline since the

late 1970s when the first reliable population estimates were made

(about 109,800 animals). During the 1980s, a precipitous decline of

Steller sea lions was observed and by 1996, the population had declined

by 80 percent. Counts of adult and juvenile Steller sea lions have

continued to decline over the last decade, but at a reduced annual rate

of roughly 5 percent.

In the 2001 BiOp, NMFS recognized that the current decline of the

species is likely due to multiple factors including environmental

changes such as El Nino and the Pacific Decadal Oscillation, predation,

subsistence harvests, incidental take in fisheries, and competition for

prey resources with pollock, Pacific cod, and Atka mackerel fisheries.

This last issue, competition with fisheries, is addressed by this

action. Diet studies indicate that Steller sea lions depend on pollock,

Pacific cod, and Atka mackerel as major prey resources. Also, the

winter time is likely the most sensitive period for juveniles and

lactating females during which they may be easily susceptible to local

prey depletions. These winter fisheries, in particular, could adversely

affect Steller sea lions. However, given the complexity of the marine

environment and the lack of complete information on the foraging

requirements of Steller sea lions, NMFS has determined that this

population is likely to continue to decline into the next decade partly

because of the inability to statistically detect a change in the

population trajectory until an estimated period of 6 to 8 years has

elapsed (34 population surveys).

More information on environmental changes in the BSAI and GOA and

on potential effects on Steller sea lions is detailed in section 4.4.1

of the 2001 BiOp (see ADDRESSES).

Development of Steller Sea Lion Protection Measures

rtly

because of the inability to statistically detect a change in the

population trajectory until an estimated period of 6 to 8 years has

elapsed (34 population surveys).

More information on environmental changes in the BSAI and GOA and

on potential effects on Steller sea lions is detailed in section 4.4.1

of the 2001 BiOp (see ADDRESSES).

Development of Steller Sea Lion Protection Measures

In January 2001, the Council established an RPA Committee to make

recommendations on Steller sea lion protection measures for the second

half of 2001 and to develop Steller sea lion protection measures for

2002 and beyond. The RPA Committee was composed of 21 members from the

fishing community, the environmental community, NMFS, the Council's

Science and Statistical Committee, the Council's Advisory Panel, and

the Alaska Department of Fish and Game (ADF&G).

In developing protection measures for the second half of 2001 and

for 2002 and beyond, the RPA Committee's first goal was to determine

adequate forage for Steller sea lions using the best scientific

information available. Its second goal was to maximize the economic

benefit to the fishing industry within the constraints imposed by the

Magnuson-Stevens Act, the ESA, and other applicable laws. The RPA

Committee met numerous times to review current Steller sea lion biology

and known habitat requirements, the reasonable and prudent alternative

(RPA) from the comprehensive BiOp, the draft SEIS and draft 2001 BiOp

for this action, and commercial fishery and scientific survey

information. Meetings in 2001 were held on February 10, February 20,

March 67, March 2629, April 9, May 911, May 2124, and August 2324.

These meetings were open to the public and several opportunities for

the public to comment were available during each meeting

(RPA) from the comprehensive BiOp, the draft SEIS and draft 2001 BiOp

for this action, and commercial fishery and scientific survey

information. Meetings in 2001 were held on February 10, February 20,

March 67, March 2629, April 9, May 911, May 2124, and August 2324.

These meetings were open to the public and several opportunities for

the public to comment were available during each meeting.

After the available scientific information on Steller sea lion

biology was discussed, the RPA Committee reviewed commercial fisheries

and harvest data to determine the competitive overlap between fisheries

and Steller sea lions. The RPA Committee then developed a fisheries

management program intended to meet all of the requirements of the ESA

and to comply with the Magnuson-Stevens Act, including the national

standards. In April 2001, the RPA Committee presented its

recommendations to the Council for fishery management measures for the

second half of 2001. These recommendations were then forwarded by the

Council to NMFS and were implemented by amendment to an emergency

interim rule (66 FR 37167, July 17, 2001).

In June 2001, the RPA Committee recommended Steller sea lion

protection measures for 2002 and beyond. However, the RPA Committee did

not reach consensus regarding the recommendations; two representatives

from the environmental community objected and provided a minority

report with the May 2124 RPA Committee minutes. Both the RPA

Committee's recommendation and the minority recommendation developed by

the American Oceans Campaign and the National Environmental Trust were

included as alternatives analyzed in the SEIS. Additionally, protection

measures in the GOA, developed by the Alaska Marine Conservation

Council, were included as an option to the preferred alternative in the

SEIS. Minutes from all RPA Committee meetings were distributed at

Council meetings and are available on the Council's web site at http://www.fakr.noaa.gov/npfmc/default.htm

al Trust were

included as alternatives analyzed in the SEIS. Additionally, protection

measures in the GOA, developed by the Alaska Marine Conservation

Council, were included as an option to the preferred alternative in the

SEIS. Minutes from all RPA Committee meetings were distributed at

Council meetings and are available on the Council's web site at http://www.fakr.noaa.gov/npfmc/default.htm. In June 2001, the Council

recommended alternatives to be analyzed in the SEIS, including the RPA

Committee's recommendations and the protection measures described in

the minority report mentioned above. NMFS reviewed the Council's

recommendations for alternatives and determined that they represented

an adequate range of reasonable alternatives as required by the

National Environmental Policy Act (NEPA). For purposes of identifying a

proposed action in order to initiate formal consultation under Section

7 of the ESA, NMFS identified the RPA Committee's recommendations as

the preferred alternative (Alternative 4) in the draft SEIS.

Alternative 4 also included three options added by the Council. Two of

the options provided exemptions for small vessels using nontrawl gear

in directed fishing for Pacific cod in the Chignik and Unalaska areas,

and the third option established gear-specific fishing zones for GOA

Pacific cod fisheries (the Alaska Marine Conservation Council option).

In July 2001, the NMFS Alaska Region, Sustainable Fisheries

Division (SFD) reinitiated consultation under the ESA with the NMFS

Alaska Region Protected Resources Division (PRD) based on the

availability of new information and on substantial changes in the

action since the completion of the comprehensive BiOp. The new

scientific information is described in more detail below under the

specific protection measures. Consultation was requested on the

management measures outlined in Alternative 4 of the draft SEIS

the NMFS

Alaska Region Protected Resources Division (PRD) based on the

availability of new information and on substantial changes in the

action since the completion of the comprehensive BiOp. The new

scientific information is described in more detail below under the

specific protection measures. Consultation was requested on the

management measures outlined in Alternative 4 of the draft SEIS. A

draft biological opinion (2001 BiOp) was prepared by the PRD and

distributed as Appendix A to the draft SEIS, which was available for

public review on August 20, 2001 (comment period closed October 15,

2001).

The draft 2001 BiOp did not entirely replace the previous

comprehensive BiOp. The analysis contained in the BiOp remains valid

and meets NMFS' requirement to consult at the FMP level. However, the

RPA measures from the comprehensive BiOp are not being implemented

since the management measures developed by the Council and implemented

by this rule were also determined in the 2001 BiOp to avoid jeopardy

and adverse modification of critical habitat. During informal

consultations, the SFD and the PRD concurred that all other listed

species occurring in Alaska other than Steller sea lions would not be

adversely affected by the implementation of the proposed action.

Therefore, only the

endangered and threatened DPSs of Steller sea lions were the subject of

the formal consultation and draft biological opinion issued by the PRD.

The Council conducted a special meeting in September 2001 to review

the draft SEIS and the draft 2001 BiOp. After reviewing these documents

and public testimony, the Council identified Alternative 4 in the draft

SEIS, with several modifications and without the options identified in

June, as its preliminary preferred alternative

rmal consultation and draft biological opinion issued by the PRD.

The Council conducted a special meeting in September 2001 to review

the draft SEIS and the draft 2001 BiOp. After reviewing these documents

and public testimony, the Council identified Alternative 4 in the draft

SEIS, with several modifications and without the options identified in

June, as its preliminary preferred alternative. The Council decided not

to include additional small boat exemptions for Unalaska and Chignik

because opening these areas would reduce their values as control sites

for evaluating management measures and would increase the likelihood

for competitive interactions with sea lions and because these sites

have not been economically important to the small boat fleets. Also,

the Council decided not to include the GOA ``gear zone'' option because

of potential conflicts with Magnuson-Stevens Act national standards 8

and 10 (i.e., local community access to fishing resources and safety).

In October 2001, based on the analysis of alternatives in the SEIS,

public testimony, and the draft 2001 BiOp, the Council made final

recommendations for Steller sea lion protection measures. The draft

2001 BiOp concluded that Alternative 4 met the requirements of the ESA

to protect listed species. The SEIS concluded that Alternative 5

effects on Steller sea lions and on their critical habitat would be

similar to the effects of Alternative 4. Analysis of Alternatives 2 and

3 concluded that effects on Steller sea lions and their critical

habitat would be less adverse for those alternatives than under

Alternatives 4 and 5. Alternative 1 was more adverse to Steller sea

lions than Alternative 4, based on the SEIS analysis. Given the results

of the SEIS and the draft 2001 BiOp, the Council assumed that

Alternatives 2, 3, 4, and 5 would meet the requirements of the ESA

because Alternatives 2, 3, and 5 were considered to have similar or

less adverse effects on Steller sea lions compared with Alternative 4

s 4 and 5. Alternative 1 was more adverse to Steller sea

lions than Alternative 4, based on the SEIS analysis. Given the results

of the SEIS and the draft 2001 BiOp, the Council assumed that

Alternatives 2, 3, 4, and 5 would meet the requirements of the ESA

because Alternatives 2, 3, and 5 were considered to have similar or

less adverse effects on Steller sea lions compared with Alternative 4.

After the alternatives that met the ESA requirements were

identified, the Council then determined which alternative resulted in

the least impact on the human environment, including socioeconomic

impacts, and which also met the requirements of the Magnuson-Stevens

Act, including the national standards. The Council recommended

Alternative 4, and NMFS concurs with the Council's recommendation. The

final SEIS is available from NMFS (see ADDRESSES) or from the NMFS'

home page at http://www.fakr.noaa.gov.

NMFS solicited comments on the draft 2001 BiOp to be considered in

the final biological opinion. NMFS released the final 2001 BiOp on

October 19, 2001, as an appendix to the final SEIS. Copies of the 2001

BiOp are available from NMFS (see ADDRESSES) or from the Alaska NMFS

Region home page at http://www.fakr.noaa.gov. The final 2001 BiOp

concluded that the proposed action under Alternative 4, which is

contained in this proposed rule, is not likely to jeopardize the

continued existence of either the eastern or western DPSs of Steller

sea lions or to adversely modify its critical habitat.

In October 2001, the Council modified the preferred alternative.

All of these modifications fell within the scope of the draft SEIS and

the 2001 BiOp. Two modifications provided additional protection to

Steller sea lions during 2002 in the Aleutian Islands subarea by

eliminating the directed fishery for pollock and by reducing the

proposed harvest of Atka mackerel in Steller sea lion critical habitat

er 2001, the Council modified the preferred alternative.

All of these modifications fell within the scope of the draft SEIS and

the 2001 BiOp. Two modifications provided additional protection to

Steller sea lions during 2002 in the Aleutian Islands subarea by

eliminating the directed fishery for pollock and by reducing the

proposed harvest of Atka mackerel in Steller sea lion critical habitat.

The third modification is a nearshore exemption for small vessels

directed fishing for Pacific cod using hook-and-line or jig gear in the

Bogoslof area and includes a harvest limit. Because of the extremely

small level of harvest and closures around Steller sea lion haulouts in

the area, this modification is expected to have no appreciable effects

on Steller sea lions or their critical habitat. Public comment on the

2001 BiOp provided at the October Council meeting raised questions

regarding the efficacy of using the Bogoslof area as a control site for

comparing the fishery effects on Steller sea lions. Based on the

extremely limited fishing by small vessels for Pacific cod and fishing

prohibitions around Bishop Point, the Council changed its

recommendation from September and requested NMFS implement a small

vessel exemption in a portion of the Bogoslof area (Option 2 to

Alternative 4 in the SEIS). The small vessel exemption in the Bogoslof

area is within the scope of Option 2 analyzed in the SEIS.

Protection Measures and the Most Recent Information

Pacific cod and fishing

prohibitions around Bishop Point, the Council changed its

recommendation from September and requested NMFS implement a small

vessel exemption in a portion of the Bogoslof area (Option 2 to

Alternative 4 in the SEIS). The small vessel exemption in the Bogoslof

area is within the scope of Option 2 analyzed in the SEIS.

Protection Measures and the Most Recent Information

Scientists generally agree that the decline of the western DPS of

Steller sea lions is due to a combination of factors, including

nutritional stress, predation and natural environmental changes. These

factors are thought to primarily affect juveniles and, to a lesser

extent, adult females, although the mechanism and magnitude of the

effects are largely unknown. Of these factors, the groundfish fisheries

primarily affect nutritional stress and, through indirect mechanisms,

may increase the likelihood for predation due to increased search time

for prey. Funding for Steller sea lion research has increased over the

past few years and should provide clarification on the causes for the

sea lion decline.

The ESA requires NMFS to develop a recovery plan for Steller sea

lions that includes criteria for delisting the species. A recovery plan

was developed in 1992 with a set of delisting criteria for the Steller

sea lion population, which included the entire Steller sea lion

population in the North Pacific. However, in 1997 the population was

split into two DPSs. The delisting criteria have not been revised for

either DPS. A new Steller sea lion recovery team has been assembled and

met in January 2002. The team will review the best available scientific

and commercial data and will develop a new recovery plan within two

years. Because no recovery criteria specific to the western DPS have

been developed, the 2001 BiOp addressed recovery in terms of the likely

effects of the proposed action on the overall Steller sea lion

population trajectory

team has been assembled and

met in January 2002. The team will review the best available scientific

and commercial data and will develop a new recovery plan within two

years. Because no recovery criteria specific to the western DPS have

been developed, the 2001 BiOp addressed recovery in terms of the likely

effects of the proposed action on the overall Steller sea lion

population trajectory.

The 2001 BiOp concluded that the impact of the groundfish fisheries

on the decline of the western DPS of Steller sea lions is likely to be

small under the protection measures specified in this proposed rule.

Although adverse impacts to the two DPSs of Steller sea lions are

expected due to these groundfish fisheries, they are unlikely to

jeopardize the continued existence or adversely modify their critical

habitat. These protection measures are designed to avoid reductions in

the abundance of Steller sea lion prey in a manner which would reduce

sea lion foraging success.

These protection measures address competitive interactions between

the groundfish fishery and Steller sea lions in several ways. First,

these measures would modify the existing harvest control rule to ensure

that in the future enough prey resources exist overall and that prey

densities are sufficient for Steller sea lions on a large scale.

Second, the protection measures would distribute the catch of important

prey species over zones of key importance to critical components of the

Steller sea lion DPS and over time to reduce the effects of localized

depletion. Localized depletion for Steller sea lions is the reduction

of prey resources to a level that decreases the efficiency of foraging

sea lions, so that it adversely affects their health or increases their

risk to predation. Finally, the protection measures will prohibit

fishing in areas

o critical components of the

Steller sea lion DPS and over time to reduce the effects of localized

depletion. Localized depletion for Steller sea lions is the reduction

of prey resources to a level that decreases the efficiency of foraging

sea lions, so that it adversely affects their health or increases their

risk to predation. Finally, the protection measures will prohibit

fishing in areas

immediately surrounding all rookery and many haulout sites and curtail

fishing for important prey species in significant portions of

designated critical habitat to relieve competition in areas considered

important to Steller sea lion survival and recovery.

In 1993, critical habitat was established to 20 nm seaward of

haulouts and rookeries based on the best scientific information

available at the time, such as Platform of Opportunity (POP) data

(August 27, 1993, 58 FR 45269). In 1999 through 2001, protection

measures included some fishery restrictions out to 20 nm from Steller

sea lion rookery and haulout sites.

In most cases, the portion of critical habitat areas considered

important for protection in 2002 and beyond is 010 nm of haulout and

rookery sites with areas closer to shore considered more important for

animals with less foraging skills or for females with pups. The best

available information on the foraging patterns of Steller sea lions was

summarized in a series of white papers by NMFS and the ADF&G. This

information, along with historical data, was incorporated into the 2001

BiOp for the two DPSs of Steller sea lions. This new information was

primarily gathered through satellite telemetry on sea lions, observing

their at-sea distribution, dive characteristics, and haulout patterns.

The data, with additional information from juveniles and lactating

females, indicate a preference to remain close to shore, generally

within 10 nm during the summer

ated into the 2001

BiOp for the two DPSs of Steller sea lions. This new information was

primarily gathered through satellite telemetry on sea lions, observing

their at-sea distribution, dive characteristics, and haulout patterns.

The data, with additional information from juveniles and lactating

females, indicate a preference to remain close to shore, generally

within 10 nm during the summer. While tagged sea lions were observed to

travel beyond 10 nm, these trips were infrequent and often involved

trips well beyond the boundaries of critical habitat. About 90 percent

of the observations obtained via telemetry showed trips within 10 nm of

shore. In the case of adult male Steller sea lions, POP data provide

the best information because little telemetry data have been collected

for these animals. For adult males, the data indicate much longer trips

over greater distances than for juveniles and lactating females.

Juveniles and adult females with pups require access to prey close

to shore, due to the need to return often to a rookery or haulout. This

behavior pattern makes them more susceptible to localized depletions of

prey over relatively small areas. In other words, a lactating female

does not have the choice of swimming farther offshore to find

additional prey, she must return to feed her pup within a given time

period or that pup may starve. The available data suggest that a lack

of juvenile survival may be the proximate cause of the decline. This

supports NMFS' decision to weigh heavily the telemetry data when

determining protections for the western DPS of Steller sea lions. The

telemetry data provide the most recent information on the most

sensitive aspect of the population and where they are likely to be

affected by localized depletion of prey by the groundfish fisheries.

For these reasons, NMFS is implementing protection areas that extend

from the shore around major rookeries and haulouts to 10 nm

termining protections for the western DPS of Steller sea lions. The

telemetry data provide the most recent information on the most

sensitive aspect of the population and where they are likely to be

affected by localized depletion of prey by the groundfish fisheries.

For these reasons, NMFS is implementing protection areas that extend

from the shore around major rookeries and haulouts to 10 nm. In this

way, NMFS has reasoned that the groundfish fisheries are unlikely to

substantially reduce the foraging success of Steller sea lions. Animals

that do come in contact with groundfish fisheries will have adequate

opportunity to find prey such that their foraging success will not be

compromised. These animals will be both older males and females that

are adept at locating prey and resilient enough to find alternative

places to fish.

Steller sea lion count survey data also were used to determine the

areas that needed more protection from potential fishery interaction.

Some of the rookeries showed declines of more than 10 percent. In some

cases, sites with higher rates of decline receive additional protection

over areas with less decline under the measures in this proposed rule.

Under the proposed rule, the Bogoslof area, the Seguam foraging

area, and the Chignik critical habitat areas would be closed to

pollock, Atka mackerel, and Pacific cod directed fishing, except to

vessels using jig gear in the Chignik area and to small vessels fishing

for Pacific cod using jig or hook-and-line gear in a small portion of

the Bogoslof area. Furthermore, the Chiniak Gully would be closed to

trawling August 1 through September 20 to determine the impact of trawl

fishing on abundance and distribution of pollock. A review of the 2001

BiOp by the National Academy of Sciences may provide further

recommendations on whether an experimental design could be developed

that uses these closed areas or control sites to provide the

information needed on the efficacy of proposed protection measures.

ng August 1 through September 20 to determine the impact of trawl

fishing on abundance and distribution of pollock. A review of the 2001

BiOp by the National Academy of Sciences may provide further

recommendations on whether an experimental design could be developed

that uses these closed areas or control sites to provide the

information needed on the efficacy of proposed protection measures.

Summary of the 2002 Protection Measures

The following is a summary of protection measures. More detailed

descriptions by topic, fishery, and area follow in this preamble. In

November 2001, The State of Alaska Board of Fisheries (BOF) adopted the

same protection measures for the parallel State fisheries in 2002, with

two exceptions in the GOA Pacific cod pot fishery noted below. The

ADF&G should be contacted for details on Steller sea lion protection

measures inside State waters. Closure areas apply to federally

permitted vessels in the groundfish fisheries in the BSAI and GOA

reporting areas, including State waters. Protection measures include:

1. Area closures for all groundfish fishing within 03 nm of 39

rookery sites. These sites are considered the most sensitive for

females with pups, and the nearshore marine critical habitat is the

most important to protect from interactions between groundfish

fisheries and Steller sea lions.

2. For the Atka mackerel, pollock, and Pacific cod directed

fisheries in the waters off Alaska, protection measures include the

following: (a) A modified harvest control rule to prohibit directed

fishing when the spawning biomass falls below 20 percent of the

projected unfished biomass, (b) closures within 10 or 20 nm of selected

haulout and rookery sites to directed fishing for Atka mackerel,

pollock, and Pacific cod in the GOA and BSAI, (c) closure of the Seguam

foraging area and most of the Bogoslof area to all gear types, (d) a

Vessel Monitoring System (VMS) requirement to facilitate enforcement of

closed areas, (e) closure of the Chignik area to pot, trawl, and h

omass, (b) closures within 10 or 20 nm of selected

haulout and rookery sites to directed fishing for Atka mackerel,

pollock, and Pacific cod in the GOA and BSAI, (c) closure of the Seguam

foraging area and most of the Bogoslof area to all gear types, (d) a

Vessel Monitoring System (VMS) requirement to facilitate enforcement of

closed areas, (e) closure of the Chignik area to pot, trawl, and hook-

and-line gears, (f) closure within 10 or 20 nm of 46 rookeries and

haulouts to hook-and-line fishing for Pacific cod and 44 rookeries and

haulouts to pot fishing for Pacific cod, (g) modifications to the CDQ

groundfish program, (h) revisions to the Federal Fisheries Permit

requirements, and (i) changes to the catcher vessels fishing trip

definition.

3. Aleutian Island subarea protection measures include the

following: (a) Pollock directed fishing outside of critical habitat

apportioned to two seasons (40:60 percent), (b) Pacific cod total

allowable catch (TAC) apportionment by season and gear, as well as gear

specific area restrictions that alternate with the Atka mackerel

fishery in critical habitat in waters west of 178[deg] W long., (c)

closure of the Seguam foraging area to pollock, Atka mackerel, and

Pacific cod directed fishing by all gear types, (d) critical habitat

harvest limit of 60 percent for Atka mackerel in waters west of

178[deg] W long., (e) grouping of vessels for Atka mackerel fishing in

critical habitat in waters west of 178[deg] W long., (f) requirements

for two observers for critical habitat Atka mackerel directed fishing,

guam foraging area to pollock, Atka mackerel, and

Pacific cod directed fishing by all gear types, (d) critical habitat

harvest limit of 60 percent for Atka mackerel in waters west of

178[deg] W long., (e) grouping of vessels for Atka mackerel fishing in

critical habitat in waters west of 178[deg] W long., (f) requirements

for two observers for critical habitat Atka mackerel directed fishing,

(g) closures of at least 03 nm around all haulouts for Atka mackerel

and Pacific cod trawl fishing, and (h) no Atka mackerel critical

habitat directed fishing with trawl gear east of 178[deg] W long.

4. Bering Sea protection measures include the following: (a) two

seasons (40:60 percent apportionment) for the pollock fishery with no

more than 28 percent of the annual directed fishing allowance taken

from the Steller sea lion conservation area (SCA) before April 1, (b)

establishment of the Bering Sea Pollock Restriction Area (BSPRA) during

the A season, (c) closure of the Catcher Vessel Operation Area (CVOA)

to non-CDQ pollock trawl catcher/processors during the B season, (d)

Pacific cod TAC apportionments by season and gear, as well as gear

specific area restrictions, and (e) closure of all Bering Sea subarea

critical habitat within 20 nm of rookeries and haulouts to Atka

mackerel trawl fishing.

5. Gulf of Alaska protection measures include the following: (a)

distribution of pollock harvest evenly among 4 seasons, (b) closure of

directed fishing for pollock in areas that vary from 020 nm to 03 nm

around rookeries and haulouts, (c) two seasons (60:40 percent

apportionment) for Pacific cod fishing and area restrictions that are

dependent on gear type and vessel size, and (d) continuation of the

NMFS Chiniak Gully research project to explore the effects of

commercial fisheries on pollock abundance and distribution in the GOA.

2002 Protection Measures Details for Harvest Controls, Seasons, Limits,

and Apportionments

Modification of the Existing Harvest Control Rule (HCR)

fic cod fishing and area restrictions that are

dependent on gear type and vessel size, and (d) continuation of the

NMFS Chiniak Gully research project to explore the effects of

commercial fisheries on pollock abundance and distribution in the GOA.

2002 Protection Measures Details for Harvest Controls, Seasons, Limits,

and Apportionments

Modification of the Existing Harvest Control Rule (HCR)

The protection measures include a modification of the existing HCR

for pollock, Pacific cod, and Atka mackerel. NMFS currently uses an HCR

established under Amendments 56/56 to the FMPs when determining the

maximum allowable biological catch (ABC). Under the HCR used for

groundfish other than pollock, Pacific cod, and Atka mackerel, the ABC

for a majority of stocks, including pollock, Pacific cod, and Atka

mackerel, is based on a fishing mortality rate intended to reduce the

spawning biomass per recruit to 40 percent of its theoretical unfished

level (F40%). When the biomass is below the amount necessary to produce

the maximum sustainable yield (MSY), the fishing mortality rate is

reduced linearly. When the spawning biomass per recruit is reduced to 2

percent of its unfished level, the fishing mortality rate becomes 0,

and all fishing for that target stock is prohibited (see Figure 1). A

new HCR was used in 2001 that reduced directed fishing for pollock,

Pacific cod, and Atka mackerel in a more aggressive linear fashion than

the HCR used for other groundfish species and included a directed

fishing prohibition at the 20 percent unfished biomass level. The HCR

in this proposed rule (2002 HCR) would also prohibit directed fishing

when the spawning biomass is below 20 percent of the unfished level but

would reduce fishing mortality at the same biomass level and rate as

the HCR used for other groundfish species until B20% is reached

r other groundfish species and included a directed

fishing prohibition at the 20 percent unfished biomass level. The HCR

in this proposed rule (2002 HCR) would also prohibit directed fishing

when the spawning biomass is below 20 percent of the unfished level but

would reduce fishing mortality at the same biomass level and rate as

the HCR used for other groundfish species until B20% is reached.

Figure 1 shows the reduction in fishing mortality under the three

methods of harvest control: (1) Amendments 56/56 to the BSAI and GOA

FMPs for most groundfish species (the existing HCR for most groundfish

species), (2) the 2001 HCR, and (3) the 2002 HCR. The harvest rate

under the 2002 HCR and under Amendments 56/56 would decrease at the

same rate until 20 percent of the unfished spawning biomass is reached.

[GRAPHIC] [TIFF OMITTED] TP04SE02.003

In a model, NMFS analyzed the difference in recovery rates up to

the MSY under the 2001 and 2002 HCRs and found very little difference

(34 percent) between them. The 2001 BiOp concluded that the 2002 HCR is

adequate to avoid locally depleting Atka mackerel, pollock, and Pacific

cod for Steller sea lions.

For 2002, the new HCR did not affect the harvest rates for any

species. Of the managed stocks under this proposed rule, the GOA

pollock biomass is estimated to be closest to the B20% level, with a

biomass level estimate of 26 percent of the projected unfished biomass

level. Because of uncertainty in the point estimate and continued poor

recruitment in the GOA pollock stock, the Plan Team recommended an ABC

well below the maximum permissible ABC using the 2002 HCR. Had the

current model and the known biomass amounts been used in 2001,

overfishing would have occurred if the total TAC had been taken in

areas 620, 630, and Southeast District of the GOA. Instead, 78 percent

of the GOA pollock TAC was harvested. This action by the Plan Team is

reasonable from a Steller sea lion and stock assessment perspective

the maximum permissible ABC using the 2002 HCR. Had the

current model and the known biomass amounts been used in 2001,

overfishing would have occurred if the total TAC had been taken in

areas 620, 630, and Southeast District of the GOA. Instead, 78 percent

of the GOA pollock TAC was harvested. This action by the Plan Team is

reasonable from a Steller sea lion and stock assessment perspective.

See the SAFE reports for the GOA and BSAI and Part II of the preamble

to the emergency interim rule (67 FR 956, January 8, 2002) for more

details. The SAFE reports are available from the Council website at

http://www.fakr.noaa.gov/npfmc/default.htm.

Steller Sea Lion Protection Area Definition, Fishing Trip Definition

and Maximum Retainable Amount (MRA) Calculation Modifications, and

Retention Prohibitions

The proposed rule would remove the definition of Steller sea lion

protection areas. This definition was used previously to describe

management measures implemented by emergency rule in 2000 and 2001.

This proposed rule would change the management measures for protecting

Steller sea lions such that the Steller sea lion protection area

definition is no longer needed.

This proposed rule modifies the definition of fishing trip for

catcher vessels. The definition is divided between catcher/processor

and mothership fishing trips and catcher vessel fishing trips. The

conditions defining a fishing trip for catcher/processors and

motherships remain unchanged. The catcher vessel fishing trip

definition is limited to the offload or transfer of all fish or fish

product from the vessel. This change will facilitate the determination

of the time when a fishing trip begins and ends for catcher vessels and

of the circumstances to which a maximum retainable amount (MRA) of

incidental catch species applies.

The calculation of the MRA under Sec

n unchanged. The catcher vessel fishing trip

definition is limited to the offload or transfer of all fish or fish

product from the vessel. This change will facilitate the determination

of the time when a fishing trip begins and ends for catcher vessels and

of the circumstances to which a maximum retainable amount (MRA) of

incidental catch species applies.

The calculation of the MRA under Sec. 679.20(e) would be revised

so that vessels that enter open and closed fishing areas during a trip

will be required to comply with the lowest MRA applicable at any time

during the fishing trip.

Modifications to CDQ Program

This proposed rule would remove the specific directed fishing

calculation and determination for both groundfish and pollock CDQ.

These changes are necessary to ensure that the Steller sea lion

protection measures are applicable to groundfish CDQ harvesting

activities. Such protection measures are typically predicated on

whether a vessel is

considered to be engaged in directed fishing for a given species such

as pollock, Pacific cod, or Atka mackerel.

In the non-CDQ fisheries, a vessel is engaged in directed fishing

for a species of groundfish if it retains on board an amount of a given

species in excess of the MRA for that species. When the TAC for a

species is approached, NMFS closes directed fishing for that species.

Traditionally, NMFS has not needed to determine whether or not a vessel

participating in a CDQ fishery is engaged in directed fishing because

directed fishing closures have not applied to the CDQ program. Directed

fishing in the groundfish and pollock CDQ fisheries is currently

determined based on the species composition of the total groundfish or

pollock catch while harvesting CDQ species. This determination is made

on a haul-specific basis for catcher/processors and on the species

composition of catch on board for catcher vessels

directed fishing closures have not applied to the CDQ program. Directed

fishing in the groundfish and pollock CDQ fisheries is currently

determined based on the species composition of the total groundfish or

pollock catch while harvesting CDQ species. This determination is made

on a haul-specific basis for catcher/processors and on the species

composition of catch on board for catcher vessels.

Typically, NMFS uses directed fishing determinations to calculate

halibut bycatch mortality and pollock catch, rather than for at-sea

enforcement of other management measures. Determining whether a vessel

is pollock fishing facilitates the proper accounting of pollock caught

in the groundfish CDQ fisheries toward either the pollock CDQ reserve

or the pollock Incidental Catch Allowance. Using current CDQ directed

fishing determinations could conflict with the calculated target

fishery derived by using MRA calculations.

Removing the specific directed fishing determinations for the CDQ

fisheries is necessary to establish a means to readily enforce time and

area closures to directed fishing for pollock, Pacific cod, and Atka

mackerel. The directed fishery determination currently used in the non-

CDQ fishery will now apply to participants in the CDQ groundfish

fisheries. This will give consistency to the at-sea determination of

both a vessel's non-CDQ and CDQ target fisheries. Additionally, to

lessen the potential for confusion by NMFS staff, U.S. Coast Guard

boarding personnel, vessel operators, and CDQ groups, MRAs will be used

to define directed fishing for all groundfish CDQ species. Information

obtained from observer data and CDQ catch reports will assist NMFS

management in determining when catch limits have been reached, when

area closures should occur, and how to account for pollock caught in

the groundfish CDQ fisheries.

Steller Sea Lion Protection Measures for Pollock, Atka Mackerel and

Pacific Cod Fisheries

to define directed fishing for all groundfish CDQ species. Information

obtained from observer data and CDQ catch reports will assist NMFS

management in determining when catch limits have been reached, when

area closures should occur, and how to account for pollock caught in

the groundfish CDQ fisheries.

Steller Sea Lion Protection Measures for Pollock, Atka Mackerel and

Pacific Cod Fisheries

The 2002 Steller sea lion protection measures include fishing

seasons and area restrictions for the pollock, Pacific cod, and Atka

mackerel fisheries. The apportionment of TAC by seasons will distribute

these fisheries over time. Critical habitat harvest limits for pollock

and Atka mackerel contained in this proposed rule are consistent with

the Council's recommendations. Critical habitat limits will distribute

the Atka mackerel and pollock fisheries over a range of areas, reducing

the potential for localized depletion of prey.

In order to manage fishing to protect Steller sea lions, this

proposed rule includes changes to the permit information collected

under Sec. 679.4. Vessel owners using pot, hook-and-line, or trawl

gear will need to register with NMFS to participate in the directed

fisheries for pollock, Pacific cod, or Atka mackerel. These directed

fisheries will appear as endorsements on the vessel's Federal Fishery

Permit (FFP). Section 679.7(a)(1) would also be revised to prohibit

directed fishing for Pacific cod, pollock, or Atka mackerel without an

endorsed FFP, as described above. Vessel owners wishing to fish for

Atka mackerel in critical habitat will also need to indicate whether

they will fish in Federal regulatory areas 542, 543, or both. The Atka

mackerel registration information will be used for group management

that is explained later in this preamble.

The protection measures addressing temporal and spatial dispersion

of the pollock, Atka mackerel, and Pacific cod directed fisheries are

as follows:

1

ackerel in critical habitat will also need to indicate whether

they will fish in Federal regulatory areas 542, 543, or both. The Atka

mackerel registration information will be used for group management

that is explained later in this preamble.

The protection measures addressing temporal and spatial dispersion

of the pollock, Atka mackerel, and Pacific cod directed fisheries are

as follows:

1. Aleutian Island Subarea Pollock Fishery

In the AI subarea, directed fishing for pollock outside the

critical habitat is apportioned between the A season (January 20June

10, 40 percent) and the B season (June 10November 1, 60 percent).

2. Bering Sea Subarea Pollock Fishery

In the Bering Sea subarea, fishing seasons are continued for the

four sectors of the Bering Sea pollock fishery that are defined in the

AFA. These seasons are defined as the A season (January 20June 10, 40

percent) and the B season (June 10November 1, 60 percent).

Pollock fishing will be prohibited during the A season in the

BSPRA. This area is delineated by straight lines tangential to

haulouts, 10 nm from the shore between the eastern edge of the SCA and

the western edge of statistical area 519. The BSPRA is intended to

reduce the likelihood of localized depletion and competitive

interactions during critical winter months when juvenile Steller sea

lions are learning to forage.

This proposed rule will remove the ``fair start'' provisions at

Sec. 679.7(b) that required vessels fishing for pollock in the Bering

Sea to cease fishing for groundfish during the week preceding each

pollock season or face a mandatory stand-down period during the first

week of the pollock season. The Council determined that these fair

start requirements were no longer necessary, given the changes to the

pollock fishery that occurred under the AFA.

Catcher vessel exclusive fishing seasons at Sec. 679.23(i) are

contained in this proposed rule

t.

The SCA consists of the area of the Bering Sea between 170[deg]00'

W long. and 163[deg]00' W long., south of straight lines connecting the

following points in the order listed:

55[deg]00' N lat. 170[deg]00' W long.;

55[deg]00' N lat. 168[deg]00' W long.;

55[deg]30' N lat. 168[deg]00' W long.;

55[deg]30' N lat. 166[deg]00' W long.;

56[deg]00' N lat. 166[deg]00' W long.;

56[deg]00' N lat. 163[deg]00' W long.

This proposed rule specifies the amount of the annual pollock

directed fishing allowance (PDFA) that can be taken from the SCA during

portions of

the A season. The PDFA is equal to the sum of each sector's total

allowable catch (TAC) minus the incidental catch allowance (ICA) and 10

percent CDQ reserve. Until April 1, the harvest within the SCA is

limited to 28 percent of the annual PDFA, which is equivalent to 70

percent of the A season apportionment. The remaining 12 percent of the

annual PDFA allocated to the A season may be taken outside the SCA

before April 1 or inside the SCA after April 1. If the 28 percent of

the annual PDFA is not taken inside the SCA before April 1, the

remainder may be taken inside the SCA after April 1. The A season

pollock SCA harvest limit will be apportioned to each industry sector

in proportion to each sector's allocated percentage of the PDFA as set

forth in the AFA. This action is necessary to avoid high harvest rates

within a relatively small area of the BS subarea that is Steller sea

lion critical habitat.

NMFS will monitor catch by each industry sector and close the SCA

to directed fishing for pollock by sector when NMFS determines that a

sector's specified portion of the SCA limit has been reached. As in

2001, in accordance with the Council's intent to address small vessel

safety concerns, inshore catcher vessels less than or equal to 99 ft

(30.2 m) LOA will continue to be exempt from SCA closures unless the

cap for the inshore sector has been reached

SCA

to directed fishing for pollock by sector when NMFS determines that a

sector's specified portion of the SCA limit has been reached. As in

2001, in accordance with the Council's intent to address small vessel

safety concerns, inshore catcher vessels less than or equal to 99 ft

(30.2 m) LOA will continue to be exempt from SCA closures unless the

cap for the inshore sector has been reached. Under the authority of the

AFA, NMFS will separate the inshore fishery into cooperative and non-

cooperative sector allocations. For each sector, NMFS will announce the

closure of the SCA to catcher vessels over 99 ft (30.2 m) LOA before

the inshore sector SCA limit is reached. NMFS will implement the

closure in a manner intended to leave remaining quota within the SCA

sufficient to support directed fishing for pollock by vessels less than

or equal to 99 ft (30.2 m) LOA for the duration of the inshore sector

opening.

The CVOA will continue to be closed to pollock trawl catcher/

processors during the B season (June 10November 1) to reduce the amount

of pollock taken from this area and to reduce the potential for

competition with Steller sea lions.

3. GOA Pollock Fishery Seasons and Apportionments

Fishing seasons and pollock TAC apportionments in the GOA Western

and Central Regulatory Areas are summarized in Table 1.

TABLE 1. POLLOCK FISHING SEASONS AND TAC APPORTIONMENTS FOR THE WESTERN AND CENTRAL REGULATORY AREAS OF THE GULF

OF ALASKA

----------------------------------------------------------------------------------------------------------------

Season TAC Apportionment Season Dates

----------------------------------------------------------------------------------------------------------------

A 25%..................... January 20--February 25

B 25%..................... March 10--May 31

C 25%..................... August 25--September 15

D 25%..................... October 1--November 1

----------------------------------------------------------------------------------------------------------------

--------------------------------------------------------------------------------------------

A 25%..................... January 20--February 25

B 25%..................... March 10--May 31

C 25%..................... August 25--September 15

D 25%..................... October 1--November 1

----------------------------------------------------------------------------------------------------------------

Rollover of a seasonal TAC apportionment is permitted as long as it

does not exceed 30 percent of the annual TAC.

Section 679.7(b) would be revised to clarify existing prohibitions

and to continue other prohibitions implemented by emergency rule and

specific to the GOA. The proposed rule would continue to prohibit the

use of trawl gear in the GOA east of 140[deg] W long. and would revise

the existing language to clarify this prohibition. The 300,000 lb (136

mt) trip limit for catcher vessels harvesting pollock in the directed

pollock fisheries of the GOA at Sec. 679.7 supports temporal

distribution objectives and is included in this proposed rule. A

catcher vessel fishing for groundfish in the GOA will be prohibited

from retaining on board more than 300,000 lb (136 mt) of unprocessed

pollock harvested in the GOA at any time during a trip. This trip limit

will not exempt vessels from existing regulations that require 100

percent retention of pollock when directed fishing for pollock is open.

A vessel would have to stop directed fishing for pollock during a

fishing trip before the 300,000 lb (136 mt) trip limit is reached to

avoid a violation of either the 300,000 lb (136 mt) trip limit or the

100 percent retention requirement for pollock.

In addition, Sec. 679.7 would continue to prohibit vessels from

operating as pollock tenders in the GOA east of 157[deg]00' W long. to

prevent the large scale use of tender vessels to avoid the trip limit

restriction. Vessels operating as tenders in the GOA west of

157[deg]00' W long

violation of either the 300,000 lb (136 mt) trip limit or the

100 percent retention requirement for pollock.

In addition, Sec. 679.7 would continue to prohibit vessels from

operating as pollock tenders in the GOA east of 157[deg]00' W long. to

prevent the large scale use of tender vessels to avoid the trip limit

restriction. Vessels operating as tenders in the GOA west of

157[deg]00' W long. will be prohibited from retaining on board more

than 600,000 lb (272 mt) of unprocessed pollock or the equivalent of

two fishing trips. Tendering west of 157[deg]00' W long. is allowed

because smaller vessels delivering to Sand Point and King Cove are more

dependent on tenders than the larger vessels that operate east of

157[deg]00' W long. and deliver primarily to Kodiak.

As implemented by emergency interim rule (66 FR 7276, January 22,

2001), catcher vessels or catcher processors in the GOA and BSAI would

also be prohibited from acting as a tender until all fish harvested or

processed is unloaded. This proposed rule would also prohibit these

vessels from harvesting fish at the same time the vessels are used as

tenders. These prohibitions would allow for better management of the

fisheries by limiting the source of the fish which a vessel may offload

and would facilitate accurate recordkeeping.

4. BSAI Atka Mackerel Seasons, Apportionments, Critical Habitat Harvest

Limits, and Directed Fishery Groups

In the BSAI, the A season for the Atka mackerel trawl fishery will

begin January 20 and end April 15. The B season will begin September 1

and end November 1. The CDQ Atka mackerel fishery will have a single

season from January 20 through November 1 because the vessels used in

the non-CDQ Atka mackerel fishery are generally the same vessels used

in the CDQ fishery and because the CDQ harvest historically takes place

when the non-CDQ season is closed

ery will

begin January 20 and end April 15. The B season will begin September 1

and end November 1. The CDQ Atka mackerel fishery will have a single

season from January 20 through November 1 because the vessels used in

the non-CDQ Atka mackerel fishery are generally the same vessels used

in the CDQ fishery and because the CDQ harvest historically takes place

when the non-CDQ season is closed.

To clearly identify the Steller sea lion protection areas for Atka

mackerel directed fishing in areas 542 and 543, this proposed rule

includes a new definition at Sec. 679.2. For purposes of establishing

groups for Atka mackerel directed fishing in critical habitat and for

restriction of Pacific cod trawling during the Atka mackerel critical

habitat directed fishery, the definition of the harvest limit area

(HLA) is waters west of 178[deg] W long. within 20 nm seaward of

Steller sea lion sites listed on Table 6 of 50 CFR part 679 and west of

177[deg]57.00 W long. This definition is needed to include Rat Island

and Cape Ivakin haulouts because these are not

listed under 50 CFR 226.202 as critical habitat but are identified by

NMFS as needing protection. This definition also includes that portion

of the 20 nm arc of critical habitat related to Tanaga Island/Bumpy

Point that occurs west of 178[deg] W long.

Fifty percent of the annual TACs for the western (area 543),

central (area 542), and eastern (area 541) Aleutian Islands districts

is available during each season. No more than 60 percent of the

seasonal TAC may be taken from within the HLA in statistical areas 542

and 543 in the AI subarea. This is an increase from the 46 to 48

percent critical habitat limit effective in 2001. The 2002 limit is

based on the assumed distribution of Atka mackerel based on the depth

contour of the continental shelf and on an objective to reduce the

amount of rockfish bycatch that has occurred historically at relatively

high levels outside the critical habitat in deeper waters in areas 542

and 543

This is an increase from the 46 to 48

percent critical habitat limit effective in 2001. The 2002 limit is

based on the assumed distribution of Atka mackerel based on the depth

contour of the continental shelf and on an objective to reduce the

amount of rockfish bycatch that has occurred historically at relatively

high levels outside the critical habitat in deeper waters in areas 542

and 543. One of the objectives in setting harvest levels is to harvest

at a level relative to the abundance of the fish in the area to avoid

localized depletion. The biomass estimates in areas 542 and 543

indicated that up to 75 percent of the biomass occurs in critical

habitat, but the Council recommended, and NMFS concurs, that a more

conservative increase in the amount of harvest from critical habitat is

appropriate because this fishery has caused measurable localized

depletions in the past. Higher levels of harvest in critical habitat

may be considered in the future after additional analysis. Analyzing

the effectiveness of vessel groupings for managing the fleet in the HLA

will provide additional information to understand the potential impact

of higher harvest limits in the future. The amount of harvest allowed

in the HLA also needs to be enough to encourage participation in the

directed fishery groups used to manage the critical habitat fisheries.

NMFS catch data indicate a higher catch rate of Atka mackerel in

area 542 than in area 543 so that vessels fishing in area 542 will

likely reach their HLA limit quicker than vessels fishing in area 543.

Thus, vessels fishing in area 542 could have an earlier opportunity to

fish outside the critical habitat and encounter rockfish bycatch in

amounts sufficient to pose overfishing concerns so as to close the Atka

mackerel fishery without the area 543 HLA limit being reached

n area 543 so that vessels fishing in area 542 will

likely reach their HLA limit quicker than vessels fishing in area 543.

Thus, vessels fishing in area 542 could have an earlier opportunity to

fish outside the critical habitat and encounter rockfish bycatch in

amounts sufficient to pose overfishing concerns so as to close the Atka

mackerel fishery without the area 543 HLA limit being reached. With the

60 percent limit in the HLA, vessels will be able to spend more effort

inside critical habitat and will be less likely to shut down the Atka

mackerel fishery due to rockfish bycatch compared to a limit set at 50

percent or less.

To reduce the amount of daily catch in the HLA by about half and to

disperse the fishery over two areas, the Atka mackerel trawl fleet is

divided into two groups assigned to fish in the HLA in either area 542

or 543. To facilitate the group assignments before the season start

date, NMFS must have information approximately 2 to 4 weeks before the

opening date of the season. To participate in the HLA A season fishery,

NMFS must receive registration information by 4:30 p.m. of the first

working day following January 1. Vessels registered for the A season

would be assigned to a B season fishery unless the registration for the

HLA fishery is removed. Vessels that did not participate in the A

season fishery may participate in the B season fishery if registration

information is received by 4:30 p.m. of the first working day following

July 31. NMFS would assign vessels to a directed fishery group for each

area in which a vessel is registered to fish. Each group in an area

would be assigned to fish during one of the two directed fisheries held

in the area during a season. The assignment to groups would be

accomplished through a lottery system that ensures random selection of

vessels to a group

e first working day following

July 31. NMFS would assign vessels to a directed fishery group for each

area in which a vessel is registered to fish. Each group in an area

would be assigned to fish during one of the two directed fisheries held

in the area during a season. The assignment to groups would be

accomplished through a lottery system that ensures random selection of

vessels to a group. The random selection process would ensure that each

participant in a group is provided an equal opportunity to fish in a

group of vessels in the HLA in area 542 or 543, and would ensure that

the combination of vessels fishing together is determined by chance.

With the random selection process, the potential exists that

vessels of less fishing capability may be in a group of vessels with

more fishing capability, affecting the smaller vessel's opportunity to

harvest fish. By dividing the vessels registered for an area into

groups, all vessels would be competing with half of the vessels that

they normally compete against, reducing competition on the fishing

grounds and potentially enhancing the overall harvest for smaller

vessels in the HLA. However, the potential for competitive advantage of

larger vessels from the same company working together over the smaller

vessels would be reduced with the random group assignments, and the

catch would over time be dispersed.

During a fishing season, the fishing limit inside the HLA would be

split into two Atka mackerel directed fisheries with each group fishing

under a harvest limit in proportion to the number of vessels in the

group compared with the number of vessels registered for the area. The

time period of the directed fishery is based on the combined harvest

potential of the vessels in the group. The start date for the first

directed fishery is 48 hours after the closure of the area 541 Atka

mackerel directed fishery. Historically, area 541 is harvested first.

Vessels then move into areas 542 and 543

in the

group compared with the number of vessels registered for the area. The

time period of the directed fishery is based on the combined harvest

potential of the vessels in the group. The start date for the first

directed fishery is 48 hours after the closure of the area 541 Atka

mackerel directed fishery. Historically, area 541 is harvested first.

Vessels then move into areas 542 and 543. Starting the HLA directed

fisheries 48 hours after closure of area 541 provides a fair start to

the HLA fisheries by allowing for off loading of catch and for travel

to areas 542 and 543. When the HLA directed fishery is closed in either

area 542 or 543, vessels may fish outside the HLA anywhere in the

Aleutian Islands where directed fishing is open.

If a vessel has registered to fish in an HLA in both areas 542 and

543 during a season, it would be assigned to fish in directed fisheries

in area 542 and in area 543 that begin on different dates. Regardless

of the number of vessels in a group, an HLA directed fishery would last

no longer than 14 days to allow each group ample opportunity to harvest

in the HLA in area 542 or 543 before the end of the season.

During each season, vessels registered to fish in the HLA in area

542 or 543 would not be allowed to fish for groundfish in any other

location while the first directed fishery in an HLA to which the vessel

is assigned is open. This stand down provision may last up to 14 days,

the maximum length of an HLA directed fishery for Atka mackerel.

All trawl vessels fishing for Atka mackerel in the HLA would be

required to carry two observers so that NMFS can meet the requirements

of the 2001 BiOp to adequately monitor fisheries to manage critical

habitat limits. (The Groundfish Observer Program is due to expire

December 31, 2002. At the present time, NMFS is in the process of

extending this program through 2007.) Vessels not participating in the

groups may fish for Atka mackerel outside the HLA and outside the

critical habitat in the BSAI subareas

et the requirements

of the 2001 BiOp to adequately monitor fisheries to manage critical

habitat limits. (The Groundfish Observer Program is due to expire

December 31, 2002. At the present time, NMFS is in the process of

extending this program through 2007.) Vessels not participating in the

groups may fish for Atka mackerel outside the HLA and outside the

critical habitat in the BSAI subareas. To provide maximum protection to

Steller sea lions, Atka mackerel trawl fishing is prohibited in the

Seguam foraging area and in critical habitat around rookeries and

haulouts east of 178[deg] W long. since Atka mackerel is readily

available in waters outside critical habitat.

5. BSAI and Western and Central Districts of the GOA Pacific Cod

Seasons, Apportionments and Closures

For the BSAI and Western and Central Districts of the GOA Pacific

cod seasons, this proposed rule would separate the TACs into separate

seasonal apportionments depending on gear type (Table 2). Section

679.20(a)(7)(iii)(B), which describes decision criteria for

seasonal allocations for hook-and-line and pot gear, no longer reflects

the seasonal allocation specified in the Steller sea lion protection

measures. This paragraph would be removed by this proposed rule.

For the nontrawl vessels in the BSAI and Western and Central

Districts of the GOA, the A season begins on January 1 and ends June

10. Sixty percent of the annual TAC, after subtraction of any reserves

and incidental catch, would be available for harvest during the A

season and would be allocated among the various sectors as provided in

Sec. 679.20(a)(6)(iii) and (a)(7). The B season for vessels equal to

or greater than 60 ft (18.3 m) LOA using hook-and-line gear and for

vessels using jig gear in the BSAI begins at 1200 hours, A.l.t., on

June 10 and ends on December 31

tion of any reserves

and incidental catch, would be available for harvest during the A

season and would be allocated among the various sectors as provided in

Sec. 679.20(a)(6)(iii) and (a)(7). The B season for vessels equal to

or greater than 60 ft (18.3 m) LOA using hook-and-line gear and for

vessels using jig gear in the BSAI begins at 1200 hours, A.l.t., on

June 10 and ends on December 31. The B season for vessels using hook-

and-line, pot, or jig gear in the GOA and for vessels equal to or

greater than 60 ft (18.3 m) LOA using pot gear in the BSAI begins at

1200 hours, A.l.t., on September 1 and ends on December 31. Forty

percent of the annual TAC, after subtraction of any reserves and

incidental catch, will be available for harvest during the B season and

will be allocated among the various sectors as provided in Sec.

679.20(a)(6)(iii)and (a)(7). CDQ vessels using pot gear and vessels

less than 60 ft (18.3 m) LOA using pot and hook-and-line gear in the

BSAI have no seasonal apportionment.

For the trawl fisheries in the BSAI, the annual TAC is apportioned

to three seasons. The A season starts January 20 and ends April 1, with

60 percent of the annual TAC allocated. The B season starts April 1

(1200 hours, A.l.t.) and ends June 10, with 20 percent of the annual

TAC allocated. The C season starts June 10 (1200 hours, A.l.t.) and

ends November 1, with 20 percent of the annual TAC allocated. In the

Western and Central Districts of the GOA, trawl vessels are allocated

60 percent of the annual TAC in the A season and 40 percent in the B

season.

AC allocated. The B season starts April 1

(1200 hours, A.l.t.) and ends June 10, with 20 percent of the annual

TAC allocated. The C season starts June 10 (1200 hours, A.l.t.) and

ends November 1, with 20 percent of the annual TAC allocated. In the

Western and Central Districts of the GOA, trawl vessels are allocated

60 percent of the annual TAC in the A season and 40 percent in the B

season.

Table 2 Bering Sea and Aleutian Islands Subareas and Western and Central Districts of the Gulf of Alaska Pacific

Cod Seasons and TAC Apportionments

----------------------------------------------------------------------------------------------------------------

A season and B season and C season and

Gear and Area apportionment apportionment apportionment

----------------------------------------------------------------------------------------------------------------

Trawl in W/C GOA January 20June 10 (60%) September 1November 1 .......................

(40%).

Trawl in BSAI January 20--April 1 April 1June 10 (20%)... June 10November 1 (20%)

(60%),.

hook-and-line, pot, and jig in W/C January 1June 10 (60%). September 1December 31 .......................

GOA, and pot [gteqt] 60 ft. LOA in (40%).

BSAI

hook-and-line [gteqt] 60 ft. and jig January 1June 10 (60%). June 10December 31 .......................

in BSAI (40%).

CDQ* pot, pot and hook-and-line http://www.fakr.noaa.gov/protectedresources/stellers/research.pdf

Comment 5. The commentors do not agree that sufficient grounds

exist to mandate the 60percent TAC allocation to the A season and want

additional

[gteqt] 60 ft. LOA in (40%).

BSAI

hook-and-line [gteqt] 60 ft. and jig January 1June 10 (60%). June 10December 31 .......................

in BSAI (40%).

CDQ* pot, pot and hook-and-line http://www.fakr.noaa.gov/protectedresources/stellers/research.pdf

Comment 5. The commentors do not agree that sufficient grounds

exist to mandate the 60percent TAC allocation to the A season and want

additional

harvest amounts shifted into the A season.

Response. See response to comment 1. The 60percent TAC

apportionment for Pacific cod is a risk averse approach to protecting

Steller sea lion prey during the winter season. The key to avoiding

possible localized depletions of prey is to disperse the fishery

roughly equally between the winter and summer seasons. A TAC of 60

percent in the winter is consistent with this goal of dispersing the

catch between seasons. Given that the winter may be the most critical

time period for juvenile sea lions, this approach of dispersing the

catch between seasons is reasonable.

Comment 6. Historical fishing areas in the Aleutian Islands are

closed to the freezer hook-and-line fishery under the Steller sea lion

protection measures. Individual vessels are significantly disadvantaged

because they must look for new fishing areas and develop new fishing

practices. No sustainable basis exists for maintaining such closures.

Nearshore closures create congestion and potential gear conflict in the

remaining viable fishing areas, disproportionately impacting the more

fragile freezer hook-and-line gear.

Response. See response to comment 1. These impacts were considered

by the RPA committee as the Steller sea lion protection measure were

developed. Most of Steller sea lion critical habitat outside of 3 nm is

available to the hook-and-line fishery in the Aleutian Islands west of

the Seguam Foraging area. NMFS agrees that the freezer hook-and-line

vessels may experience additional costs if they shift harvest into new

fishing areas

hese impacts were considered

by the RPA committee as the Steller sea lion protection measure were

developed. Most of Steller sea lion critical habitat outside of 3 nm is

available to the hook-and-line fishery in the Aleutian Islands west of

the Seguam Foraging area. NMFS agrees that the freezer hook-and-line

vessels may experience additional costs if they shift harvest into new

fishing areas. Those costs have been examined in the RIR and IRFA for

this action.

Several environmental organizations submitted one letter with

comments focusing on the Steller sea lion protection measures and

harvest specifications rulemaking processes. Their comments are

summarized below.

Comment 1. Because the 2002 TAC specifications are being

promulgated through the emergency interim rule process, fishing was

allowed to commence without sufficient opportunity for public notice

and comment. NMFS provides opportunity for comment by members of the

fishing industry through the Council process, but this does not provide

adequate access and the ability to comment by members of the public who

are not members of the fishing industry. Even though NMFS ensured

thorough involvement of the Council in the development of Steller sea

lion protection measures, NMFS did not take into account the views of

the non-fishing public or the deliberative processes of ESA and NEPA.

Response. NMFS disagrees that the public was not given the

opportunity to participate in the review processes under the NEPA and

ESA for the Steller sea lion protection measures and for the 2002

harvest specifications. The Council decision-making process is open to

the fishing and non-fishing public. The Council appointed fishing and

non-fishing members to the committee that made Steller sea lion

protection measures recommendations to the Council

he

opportunity to participate in the review processes under the NEPA and

ESA for the Steller sea lion protection measures and for the 2002

harvest specifications. The Council decision-making process is open to

the fishing and non-fishing public. The Council appointed fishing and

non-fishing members to the committee that made Steller sea lion

protection measures recommendations to the Council. The public may keep

up to date on actions contemplated by NMFS or the Council by contacting

NMFS or the Council directly or by periodically reviewing NMFS or the

Council's internet web sites at http://www.fakr.noaa.gov or http://www.fakr.noaa.gov/npfmc, respectively.

NMFS provided opportunities for public involvement in the

development of the Steller sea lion protection measures SEIS and the

TAC specifications EA for the emergency interim rule action. A notice

of availability of the draft SEIS was published in the Federal Register

on August 31, 2001 (66 FR 45984). NMFS provided the draft SEIS in

September 2001 at the Council meeting and hard copies of the draft EA

were made available at the Council meeting in December 2001 for public

review and comment and mailed to those requesting a copy. The draft EA

was also posted on the Council's website on November 23, 2001. At least

one other link was made to that EA from the NMFS Alaska Region NEPA

page at http://www.fakr.noaa.gov/sustainablefisheries/ea/ea2001.htm.

The SEIS was also made available to the public through these websites.

NMFS received one comment letter on the draft EA, which was from

the non-fishing public. A response to this letter was published in the

preamble to the emergency interim rule (67 FR 956, January 8, 2002).

Numerous comments received from the public regarding the SEIS were

addressed and incorporated into the final document

The SEIS was also made available to the public through these websites.

NMFS received one comment letter on the draft EA, which was from

the non-fishing public. A response to this letter was published in the

preamble to the emergency interim rule (67 FR 956, January 8, 2002).

Numerous comments received from the public regarding the SEIS were

addressed and incorporated into the final document.

Although the ESA does not require NMFS to provide public review of

draft biological opinions, the draft 2001 BiOp was made available for

public review as an appendix to the Steller sea lion SEIS in September

2001 and public comments were solicited.

Comment 2. NMFS' approach to fishery closure areas in this

emergency interim rule appears to be a patchwork attempt at Steller sea

lion conservation. NMFS' rationale for fishery closures in Steller sea

lion critical habitat reflects a greater consideration for the

preferred fishing areas of the fleet than it does the survival and

recovery of the species. NMFS provides little justification for these

closures, and in fact cites numerous examples where exemptions were

made to provide access to historic fishing grounds for the fleet.

Numerous examples of closure areas and exemptions are provided in the

comment.

Response. NMFS disagrees that the conservation measures contained

within the emergency interim rule are a patchwork attempt that would

jeopardize the continued existence of Steller sea lions or adversely

modify critical habitat in exchange for access to preferred fishing

grounds. The emergency interim rule outlines the extensive public

process that NMFS and the Council used in determining the structure of

the closure areas (Part I. Steller Sea Lion Protection Measures at 67

FR 956). This process focused on the biology of Steller sea lions and

their foraging requirements

ea lions or adversely

modify critical habitat in exchange for access to preferred fishing

grounds. The emergency interim rule outlines the extensive public

process that NMFS and the Council used in determining the structure of

the closure areas (Part I. Steller Sea Lion Protection Measures at 67

FR 956). This process focused on the biology of Steller sea lions and

their foraging requirements. The Council, its RPA Committee, and NMFS

utilized the best available scientific information in order to avoid

jeopardizing the continued existence of Steller sea lions or destroying

or adversely modifying their critical habitat. Only after all this

information was taken into account did the Committee consider the needs

of the fishing industry in developing access to fishing grounds. For

most fisheries, substantial historic fishing grounds were closed in

order to promote the recovery of the western DPS of Steller sea lions.

The 2001 BiOp describes the likely effects of the proposed

conservation measures. Substantial areas of Steller sea lion critical

habitat are closed to pollock, Pacific cod, and Atka mackerel fishing

under the emergency interim rule (see Table 5.3, page 169). Based on

the latest scientific information, NMFS has determined that nearshore

areas (010 nm) are the most critical to the western DPS of Steller sea

lions (specifically pups and juveniles). This determination differs

from NMFS' opinion in past Section 7 consultations on the BSAI and GOA

fisheries. New data and analyses of Steller sea lion at-sea

distributions imply a foraging pattern not previously understood.

Substantial uncertainty still exists in understanding the specific

areas important to Steller sea lions and the effects of fisheries in

these areas. However, NMFS concludes that current information is

sufficient to provide adequate protection for the endangered western

DPS of Steller sea lions and its critical habitat while providing

access to some of the historical fishing grounds

derstood.

Substantial uncertainty still exists in understanding the specific

areas important to Steller sea lions and the effects of fisheries in

these areas. However, NMFS concludes that current information is

sufficient to provide adequate protection for the endangered western

DPS of Steller sea lions and its critical habitat while providing

access to some of the historical fishing grounds

for the pollock, Pacific cod, and Atka mackerel fisheries.

In the 2001 BiOp, Table 5.3 describes the areas closed in relation

to their distance from land in Steller sea lion critical habitat. These

conservation measures include substantial closures within 10 nm from

haulouts and rookeries. When comparing this closure area with the

amount of nearshore area closed in the comprehensive BiOp, much more of

the 010 nm area is closed under this action. Although NMFS determined

that nearshore areas are more important than offshore habitat, the

total closure area is similar under both scenarios (roughly 6065

percent of critical habitat). When the effects of these closures are

evaluated, weighted by area for Steller sea lion abundance and

population trend rates, the result is a strategy as conservative as the

RPA contained in the comprehensive BiOp, although the two approaches

use different tools to protect the western DPS of Steller sea lions and

protect its critical habitat.

Comment 3. NMFS' interpretation of the available telemetry data

from Steller sea lions is flawed. NMFS points out numerous limitations

and potential biases to the data, as well as criticism by a peer review

panel, but does not appropriately integrate this uncertainty into its

management of these fisheries in order to avoid adverse effects to

Steller sea lions or their critical habitat

bitat.

Comment 3. NMFS' interpretation of the available telemetry data

from Steller sea lions is flawed. NMFS points out numerous limitations

and potential biases to the data, as well as criticism by a peer review

panel, but does not appropriately integrate this uncertainty into its

management of these fisheries in order to avoid adverse effects to

Steller sea lions or their critical habitat. Following this reasoning,

NMFS did not develop closure areas that are large enough to insure the

protection of juvenile and adult female Steller sea lions; the segment

of the population which NMFS asserts is the most vulnerable to

localized depletions caused by fishing. NMFS has not adequately

described what the edge effects may be of large fishery removals of

Steller sea lion prey species on the boundary of 3 or 10 nm closures

near haulouts and rookeries. Additionally, NMFS did not display the

amount of area closed to fishing in a way which could easily be

compared to previous conservation measures for pollock and Atka

mackerel.

Response. NMFS uses the best scientific and commercial data

available in consultations pursuant to section 7 of the ESA. The best

information available to NMFS is the at-sea locations based on

approximately 100 instrumented animals. NMFS explored various ways of

looking at this information in the 2001 BiOp and determined that the

distribution of hits was reasonably likely to capture Steller sea lion

foraging patterns. As various reviews have pointed out (i.e., Bowen et

al., 2001), the effectiveness of NMFS' protection measures are

sensitive to this assumption. NMFS expects to have more sophisticated

analyses on sea lion foraging patterns within the next several years

and will continue to evaluate the important assumptions made in the

2001 BiOp.

NMFS acknowledges that the uncertainty regarding the telemetry

information caused NMFS to conservatively protect areas beyond the core

010 nm buffer zones

tection measures are

sensitive to this assumption. NMFS expects to have more sophisticated

analyses on sea lion foraging patterns within the next several years

and will continue to evaluate the important assumptions made in the

2001 BiOp.

NMFS acknowledges that the uncertainty regarding the telemetry

information caused NMFS to conservatively protect areas beyond the core

010 nm buffer zones. Table 5.3 and section 5.3.4 of the 2001 BiOp

outline the complex protection measures in relation to their distance

from shore. In general, little or no fishing is allowed within 3 nm of

rookeries and haulouts; some nontrawl gear fishing from 310 nm (i.e.,

no trawling); and some trawling and nontrawl gear fishing from 1020 nm,

with trawl gear prohibited from 020 nm around rookeries and haulouts in

approximately half of the critical habitat sites in all areas. NMFS

believes that these closures are more conservative than the RPA of the

comprehensive BiOp which would have instituted closure areas in bands,

closing all critical habitat within a zone out to 20 nm while other

bands, in some cases, would have been open all the way to the shore.

Under the January 8, 2002, emergency interim rule, all of the 13 areas

receive substantial closures out to at least 10 nm, leaving virtually

no ``holes'' where fishing would occur close to a rookery or haulout.

This change in conservation strategy is based on the new telemetry

analysis information that was not available to NMFS in November 2000.

For these reasons, NMFS believes that the closure areas are adequate

because they encompass the areas close to shore that appear to be

important to juvenile Steller sea lions, lactating females, and pups.

In the 2001 BiOp, NMFS explored the idea of edge effects and the

migration of Steller sea lion prey into critical habitat areas where

they would be available to foraging sea lions (see section 5.3.1.7 of

the 2001 BiOp)

ves that the closure areas are adequate

because they encompass the areas close to shore that appear to be

important to juvenile Steller sea lions, lactating females, and pups.

In the 2001 BiOp, NMFS explored the idea of edge effects and the

migration of Steller sea lion prey into critical habitat areas where

they would be available to foraging sea lions (see section 5.3.1.7 of

the 2001 BiOp). Unfortunately, there is very little information on the

migration of Steller sea lion prey species into critical habitat, and

the possible effects of fisheries on those small scale fish movements.

The 2001 BiOp describes the possible scenarios and the current research

on Atka mackerel and pollock. At this point, NMFS' preliminary

information indicates that migratory distances for Atka mackerel are

small. This is unlikely to explain migration patterns in other species

due to differences in life history patterns. NMFS is continuing this

research and expects to have further insight into the issue over the

next two to three years. Currently, NMFS has no information which would

indicate that fishing at the levels authorized under the emergency

interim rule would cause localized depletions of prey inside the

closure areas.

The amount of closure area has been described in numerous ways by

NMFS. In the SEIS, Table 4.83 displays the amount and the percentage of

area closed under each of the alternatives. Additionally, in section

5.3.2.1 NMFS explored various methods of describing protection measures

in comparison with the previous RPA from the comprehensive BiOp.

Section 5.3.4 of the 2001 BiOp also describes the amount of area closed

by zones radiating out from rookeries and haulouts.

Comment 4. In previous Section 7 consultations under the ESA, NMFS

determined that pollock fisheries were likely to jeopardize Steller sea

lions because of their temporal concentration

protection measures

in comparison with the previous RPA from the comprehensive BiOp.

Section 5.3.4 of the 2001 BiOp also describes the amount of area closed

by zones radiating out from rookeries and haulouts.

Comment 4. In previous Section 7 consultations under the ESA, NMFS

determined that pollock fisheries were likely to jeopardize Steller sea

lions because of their temporal concentration. In the December 3, 1998,

Biological Opinion, NMFS outlined 6 criteria necessary to disperse the

pollock fisheries in order to avoid jeopardizing Steller sea lions or

adversely modifying their critical habitat. NMFS provides no

explanation as to why they have not applied similar criteria to TAC

allocations for pollock, Pacific cod, and Atka mackerel under the

January 8, 2002, emergency interim rule for 2002. For example, numerous

examples of TAC allocations are provided that do not comply with NMFS'

criteria. How does this action avoid jeopardy and adverse modification

of critical habitat when these fisheries are likely to be as temporally

concentrated as in 1998 and 2000 when NMFS determined them to be

unacceptably high?

Response. The 2001 BiOp on Steller sea lion protection measures

provides the rationale for the temporal distribution of the pollock,

Pacific cod, and Atka mackerel fisheries in the BSAI and GOA (see

section 5.3). The seasonal allocations of TAC are considered together

with the spatial dispersion of these fisheries. The ``no jeopardy''

determination for the western DPS of Steller sea lions and no adverse

modification of its critical habitat is based on new information and

analyses that became available since the 1998 Biological Opinion was

completed (see response to comment 4 above) and in consideration of

potential fishery impacts on the western DPS of Steller sea lions as a

whole.

Protection measures are consistent from one region to the next.

Maximum protection was provided close to shore, within 03 nm from

rookeries and

at is based on new information and

analyses that became available since the 1998 Biological Opinion was

completed (see response to comment 4 above) and in consideration of

potential fishery impacts on the western DPS of Steller sea lions as a

whole.

Protection measures are consistent from one region to the next.

Maximum protection was provided close to shore, within 03 nm from

rookeries and

haulouts. From 310 nm from rookeries and haulouts, limited fishing is

authorized by gear types unlikely to cause localized depletions. From

10 nm and beyond, trawl fisheries are authorized, in some cases with

critical habitat limits in order to protect Steller sea lion prey

availability. New information available on the at-sea distribution of

Steller sea lions, and their presumed foraging habits, indicated to

NMFS that a slightly different management action was necessary in order

to adequately protect and recover the endangered Steller sea lion.

In the BSAI, the rationalization of the pollock fishery under the

American Fisheries Act and the allocation of Pacific cod TAC among gear

types, processing and catcher vessel sectors, and vessel size classes

contribute significantly to spatial and temporal dispersion of these

two fisheries. Although the Atka mackerel fishery cannot be considered

fully ``rationalized,'' the fleet's harvest rate in the western and

central districts of the Aleutian Islands has been reduced by nearly

half in critical habitat under the new group management of fishing

effort.

The GOA pollock and Pacific cod fisheries are not allocated among

gear types or rationalized in a manner that would provide for slowing

the pace of the fisheries under these highly competitive scenarios.

Thus, more elaborate conservation measures are necessary to prevent

locally high harvest rates. These measures include gear-specific

fishery closures around rookeries and haulouts, four equal seasonal

apportionments of the pollock TAC, and a 60/40 seasonal apportionment

of the Pacific cod TAC

r that would provide for slowing

the pace of the fisheries under these highly competitive scenarios.

Thus, more elaborate conservation measures are necessary to prevent

locally high harvest rates. These measures include gear-specific

fishery closures around rookeries and haulouts, four equal seasonal

apportionments of the pollock TAC, and a 60/40 seasonal apportionment

of the Pacific cod TAC. Additionally, any rollover of unharvested

pollock from one season to the next is limited to 5 percent of the

annual TAC (i.e., so that no more than 30 percent of the annual TAC is

harvested in any one season). Historically, the GOA Pacific cod TAC has

been harvested during the first quarter of the calendar year. The

emergency interim rule now restricts the harvest to no more than 60

percent of the TAC during the first 6 months of the year, a substantial

new conservation measure that was not required in the RPA for the 1998

BiOp. Thus, the fact that the GOA pollock fishery is temporally

dispersed into four seasons while other fisheries are dispersed into

fewer seasons is based on consideration of the nature of the fishery,

seasonal distribution of prey biomass, TAC allocations among different

sectors, closure areas, and the lack of rationalization in the GOA

fisheries.

NMFS has determined that the protection measures implemented under

the emergency interim rule avoid jeopardy to the western DPS of Steller

sea lions and the destruction or adverse modification of its critical

habitat without resorting to a uniform approach to the protection

measures.

Comment 5. The harvest control rule (HCR) for pollock, Pacific cod,

and Atka mackerel does not provide meaningful protection for Steller

sea lions

n measures implemented under

the emergency interim rule avoid jeopardy to the western DPS of Steller

sea lions and the destruction or adverse modification of its critical

habitat without resorting to a uniform approach to the protection

measures.

Comment 5. The harvest control rule (HCR) for pollock, Pacific cod,

and Atka mackerel does not provide meaningful protection for Steller

sea lions. Furthermore, NMFS has not adequately displayed the effects

of fishing under the HCR on the Steller sea lion population due to the

following: (a) removal of 60 percent of the theoretical biomass of a

primary prey species for the endangered Steller sea lion, (b)

authorization of a substantial harvest rate even when the biomass is

below the B40% target level, and (c) authorizing fishery removals until

80 percent of the biomass of a primary prey species has been removed.

In 2002, four stocks are below the B40% biomass level, and the eastern

Bering Sea pollock stock, which was estimated in the 2001 Stock

Assessment and Fishery Evaluation report to be at a very high biomass

level, was only at B45%. NMFS has not addressed issues raised by these

biomass removals and the resulting diminished carrying capacity for

Steller sea lions.

Response. NMFS disagrees. The HCR provides meaningful protection to

the western DPS of Steller sea lions and its critical habitat by

halting fishing in the unlikely event that the biomass of a key prey

species drops below 20 percent of its theoretical unfished level.

Additionally, NMFS considers the harvest restraints implemented under

FMP amendments 56/56 to be very conservative. Under these rules, the

maximum permissible fishing mortality rates are formally reduced when

the stock falls below B40%. In addition, stock assessment scientists

often recommend fishing mortality rates that are below the maximum

permissible level. These constraints are intended to accelerate the

recovery of the spawning stock biomass when stock levels are below

B40%

to be very conservative. Under these rules, the

maximum permissible fishing mortality rates are formally reduced when

the stock falls below B40%. In addition, stock assessment scientists

often recommend fishing mortality rates that are below the maximum

permissible level. These constraints are intended to accelerate the

recovery of the spawning stock biomass when stock levels are below

B40%. For pollock, Pacific cod, and Atka mackerel, the HCR would

prohibit directed fishing before the stock was declared overfished.

Thus, the HCR provides added protection to pollock, Pacific cod, and

Atka mackerel stocks, if the spawning stock biomass exhibits a rapid

decline.

Steller sea lion foraging behavior, physiology, and nutrition are

discussed at length in the SEIS, sections 3.1.1.7. and section 3.1.1.8.

The discussion of physiology and nutrition is a quantitative

presentation of food intake requirements. The analysis includes an

examination as to whether the alternative management regime would

result in fisheries harvest on prey species of particular importance to

marine mammals at levels that could compromise foraging success. The

analysis concluded that the effects on the human environment were

insignificant for all five alternatives in the SEIS, including the

protection measures in the January 8, 2002, emergency interim rule.

Therefore, based on all of the above information, NMFS determined that

the proposed action would not cause jeopardy to the western DPS of

Steller sea lions or adverse modification to its critical habitat.

Classification

e effects on the human environment were

insignificant for all five alternatives in the SEIS, including the

protection measures in the January 8, 2002, emergency interim rule.

Therefore, based on all of the above information, NMFS determined that

the proposed action would not cause jeopardy to the western DPS of

Steller sea lions or adverse modification to its critical habitat.

Classification

The Administrator, Alaska Region, NMFS (Regional Administrator),

has determined that this proposed rule is necessary for the

conservation and management of the groundfish fisheries of the BSAI and

GOA. The Regional Administrator also has determined that this proposed

rule is consistent with the Magnuson-Stevens Act and other applicable

laws. No relevant Federal rules exist that may duplicate, overlap, or

conflict with this action.

The Steller sea lion protection measures have been determined to be

significant for purposes of Executive Order 12866.

NMFS prepared an IRFA that described the economic impact this

proposed rule, if adopted, would have on small entities. A description

of the proposed action, why it is being considered, and the legal basis

for this action are contained at the beginning of this preamble.

The IRFA concluded based on the numbers of operations in 2000, that

approximately 581 small entities would be directly regulated by the

rule. This includes 514 catcher vessels, 30 catcher/processors, and 37

shoreside processors.

Reductions in TACs, increases in the proportions of TACs placed

``at risk'' due to closure or restriction of accustomed fishing areas,

potential long-term market share losses, and possible quality

reductions are expected to decrease gross revenues for all fleet

segments. CDQs are small entities, and estimates suggest a reduction in

gross revenues between 1.6 percent and 6.3 percent. Shoreside

processors buying from catcher vessels will have estimated reductions

in revenues between 1.1 percent and 5.9 percent

fishing areas,

potential long-term market share losses, and possible quality

reductions are expected to decrease gross revenues for all fleet

segments. CDQs are small entities, and estimates suggest a reduction in

gross revenues between 1.6 percent and 6.3 percent. Shoreside

processors buying from catcher vessels will have estimated reductions

in revenues between 1.1 percent and 5.9 percent. These may translate

into reduced ex-vessel revenues for catcher vessels of similar

magnitudes. Most catcher vessels are small entities. Catcher/processor

revenues will also drop and some catcher/processors are small entities.

The low end of the range of possible decreases in gross revenues does

not appear to be disproportionate for small entities, but the high end

of the range does.

The proposed regulation would increase vessel and processor

operating costs for a number of reasons: (a) An increased travel time

to and from more distant fishing grounds; (b) costs of learning new

grounds; (c) costs of undertaking bycatch avoidance measures, or the

costs associated with lost catches from premature closures due to

excessive bycatch, if these efforts are unsuccessful; (d) reduced catch

per unit effort due to less concentrated target stocks; (e) costs of

stand-downs and lay-ups; (f) potential gear conflicts; (g) costs of

fishing Pacific cod, pollock, or Atka mackerel when other economically

important fisheries are open; (h) operational inefficiencies caused

when processing facilities built for high rates of throughput receive

slower fish deliveries; and (i) costs for installation and operation of

VMS equipment. The cost for the purchase and installation of the VMS is

expected to be about $1,900 for all operations; this will impose a

proportionately larger increase in the costs incurred by small

entities.

The action imposes new recordkeeping and reporting requirements.

s built for high rates of throughput receive

slower fish deliveries; and (i) costs for installation and operation of

VMS equipment. The cost for the purchase and installation of the VMS is

expected to be about $1,900 for all operations; this will impose a

proportionately larger increase in the costs incurred by small

entities.

The action imposes new recordkeeping and reporting requirements.

(1) Questions will be added to the annual fishing permit renewal

application and the CDQ catch report. These questions are expected to

have small costs per vessel and in aggregate. (2) A VMS is a NMFS-

approved transmitter that automatically determines the vessel's

position and transits it to a NMFS-approved communications service

provider. A VMS unit will allow NMFS to continually track the location

of a fishing vessel. This capability is extremely important in order

for NMFS to effectively enforce the large number of area-based fishing

restrictions designed to protect the Stellers sea lion. Jig vessels

have been excluded from this requirement, but other vessels will be

required to carry VMS while they are fishing for Pacific cod, pollock,

and Atka mackerel. The cost for the purchase and installation of a VMS

unit is estimated to be $1,926. Annual maintenance and transmission

costs for a small entity are estimated to be $220. The VMS costs should

be substantially mitigated for small vessels since the Pacific States

Marine Fisheries Commission (PSMFC) has obtained a grant of $1.8

million from NMFS for the purpose of reimbursing vessel owners for VMS

purchases that are required under these regulations. PSMFC will

reimburse up to $2,000 of the purchase price of each unit. The grants

will not cover the costs of installation, maintenance, and operation of

the units. (3) The regulation increases the number of observers that

must be carried by a vessel fishing for Atka mackerel in Aleutian

Islands critical habitat from one to two

ners for VMS

purchases that are required under these regulations. PSMFC will

reimburse up to $2,000 of the purchase price of each unit. The grants

will not cover the costs of installation, maintenance, and operation of

the units. (3) The regulation increases the number of observers that

must be carried by a vessel fishing for Atka mackerel in Aleutian

Islands critical habitat from one to two. The cost for an additional

observer was estimated to range between $12,600 and $25,000 a year per

operation.

This analysis did not reveal any Federal rules that duplicate,

overlap or conflict with the proposed action.

The Council considered five regulatory alternatives and three

options for one of these alternatives. Only one of the alternatives

(the ``no action'' alternative involving the expiration of most of the

rules that had been implemented by emergency order to protect the

Steller sea lions) had smaller adverse impacts on small entities than

the preferred alternative. The ``no action'' alternative was not

adopted because it was presumed to violate the provisions of the

Endangered Species Act and, therefore, failed to achieve the objectives

of the proposed action.

The Council considered, but did not adopt, two options to

Alternative 4, which might have produced a reduced impact on the small

vessel fleets. One of these would have exempted certain classes of

small vessels from fishing restrictions in the vicinities of Chignik

and a second would have established a system of ``gear zones'' along

the coast in the GOA, and have restricted larger vessels to a greater

extent than small ones in the zones closer to the shore. The Council

preliminarily decided not to include the additional small boat

exemptions for Chignik due to concerns that opening these areas would

reduce the value as a control site for evaluating management measures

and increase the likelihood for competitive interactions with sea

lions, and that this site has not been economically important to the

small boat fleets

zones closer to the shore. The Council

preliminarily decided not to include the additional small boat

exemptions for Chignik due to concerns that opening these areas would

reduce the value as a control site for evaluating management measures

and increase the likelihood for competitive interactions with sea

lions, and that this site has not been economically important to the

small boat fleets. The Council preliminarily decided not to include the

GOA ``gear zone'' option due to potential conflicts with Magnuson-

Stevens Act national standards 8 and 10 (i.e., local community access

to fishing resources and safety respectively).

An IRFA has been prepared for the Chiniak Gully experiment in

compliance with the Regulatory Flexibility Act of 1980 and the Small

Business Regulatory Enforcement Fairness Act of 1996. The IRFA

concluded that most of the vessels that otherwise would trawl for

groundfish in the proposed Chiniak Gully area during late summer are

small entities. Most of these affected vessels are home ported in and

operate out of the city of Kodiak, adjacent to the proposed closure

area. Although vessels will be able to harvest elsewhere and should be

able to recover most of their lost revenues, they would be expected to

incur some additional costs as a result of traveling greater distances

to alternative fishing areas. However, these costs would not be

significant and would be short-lived. Because these small vessels may

experience higher costs, they may see some reduction in their cash flow

and profits while the program is in effect. Since the affected vessels

are mostly small entities, and large trawl entities would not be

affected by this trawl closure, the impact may be disproportionately

large on small entities. The alternatives of no action and of excluding

small entities from the action would have reduced the burden on small

entities, but did not meet the objectives of the action. Copies of this

IRFA are available from NMFS (SEE ADDRESSES)

s

are mostly small entities, and large trawl entities would not be

affected by this trawl closure, the impact may be disproportionately

large on small entities. The alternatives of no action and of excluding

small entities from the action would have reduced the burden on small

entities, but did not meet the objectives of the action. Copies of this

IRFA are available from NMFS (SEE ADDRESSES).

Pursuant to the National Environmental Policy Act, NMFS prepared an

SEIS for the Steller sea lion protection measures; a notice of

availability of the draft SEIS was published in the Federal Register on

August 31, 2001 (66 FR 45984). Comments were received and responded to

in the final SEIS, and the final document was issued November 23, 2001

(66 FR 58734). An analysis of the Chiniak experiment is provided in the

EA/RIR/IRFA for the regulatory amendment to permit an investigation of

the effect of commercial fishing on Walleye pollock distribution and

abundance in localized areas off the east side of Kodiak Island. The

final SEIS and EA/RIR/IRFA are available from NMFS (see ADDRESSES). No

significant impacts on the human environment were anticipated from the

Chiniak Gully experiment based on the analysis in the EA/RIR/IRFA.

Based on a comparison of the effects of the other alternatives in the

SEIS, NMFS determined that this action complies with ESA requirements.

Potential impacts on marine mammals resulting from fishing activities

conducted under this proposed rule are discussed in the SEIS for this

action.

This proposed rule contains and refers to collection-of-information

requirements subject to the Paperwork Reduction Act. Applications to

amend a permit and register for Atka mackerel, pollock, or Pacific cod

directed fisheries have been approved by the Office of Management and

Budget (OMB) under OMB control number 06480206. Requirements regarding

use of a VMS

ed in the SEIS for this

action.

This proposed rule contains and refers to collection-of-information

requirements subject to the Paperwork Reduction Act. Applications to

amend a permit and register for Atka mackerel, pollock, or Pacific cod

directed fisheries have been approved by the Office of Management and

Budget (OMB) under OMB control number 06480206. Requirements regarding

use of a VMS

have been approved under OMB control number 06480445.

The estimated response time for an application to amend a permit

and register for the Atka mackerel, pollock, or Pacific cod directed

fisheries is 31 minutes. The response time for VMS-related requirements

are 6 hours to install a unit, 12 minutes to fax a check-in report that

the VMS is operational, 5 seconds per automated position report, and 4

hours per year for VMS maintenance.

The response-time estimates above include the time for reviewing

instructions, searching existing data sources, gathering and

maintaining the data needed, and completing and reviewing the

collection-of-information. Send comments regarding these burden

estimates, or any other aspect of these data collections, including

suggestions for reducing the burden, to NMFS (see ADDRESSES) and to the

Office of Management and Budget, Washington, DC 20503 (Attn: NOAA Desk

Officer).

Notwithstanding any other provisions of the law, no person is

required to respond to, and no person shall be subject to a penalty for

failure to comply with a collection-of-information subject to the

requirements of the PRA, unless that collection-of-information displays

a currently valid OMB control number.

Formal and informal section 7 consultations under the ESA were

completed for this proposed rule under the FMPs for the groundfish

fisheries of the BSAI and the GOA

nd to, and no person shall be subject to a penalty for

failure to comply with a collection-of-information subject to the

requirements of the PRA, unless that collection-of-information displays

a currently valid OMB control number.

Formal and informal section 7 consultations under the ESA were

completed for this proposed rule under the FMPs for the groundfish

fisheries of the BSAI and the GOA. In the 2001 BiOp and memorandum

dated December 11, 2001, from the OPR to OSF, the Director of the OPR

determined that fishing activities described in the proposed rule are

not likely to jeopardize the continued existence of any endangered or

threatened species or result in the destruction or adverse modification

of critical habitat.

List of Subjects in 50 CFR Part 679

Alaska, Fisheries, Recordkeeping and reporting requirements.

Dated: August 22, 2002.

Rebecca Lent,

Deputy Assistant Administrator for Regulatory Programs, National Marine

Fisheries Service.

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

be 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: 16 U.S.C. 773 et seq.; 1801 et seq.; 3631 et seq.;

Title II of Division C, Pub. L. 105277; Sec. 3027, Pub. L. 10631; 57

Stat. 113; 16 U.S.C. 1540(f); and Sec. 209, Pub. L. 106554.

2. In Sec. 679.2, the definition for ``Steller Sea Lion Protection

Areas'' is removed, paragraph (1) of the definition for ``Fishing

trip'' is revised, and the definition for ``harvest limit area (HLA)

for Atka mackerel directed fishing'' is added in alphabetical order to

read as follows:

Sec. 679.2 Definitions.

* * * * *

Fishing trip means: (1) Retention requirements (MRA, IR/IU, and

pollock roe stripping).

he definition for ``Steller Sea Lion Protection

Areas'' is removed, paragraph (1) of the definition for ``Fishing

trip'' is revised, and the definition for ``harvest limit area (HLA)

for Atka mackerel directed fishing'' is added in alphabetical order to

read as follows:

Sec. 679.2 Definitions.

* * * * *

Fishing trip means: (1) Retention requirements (MRA, IR/IU, and

pollock roe stripping).

(i) With respect to retention requirements of MRA, IR/IU, and

pollock roe stripping, an operator of a catcher/processor or mothership

processor vessel is engaged in a fishing trip from the time the

harvesting, receiving, or processing of groundfish is begun or resumed

in an area until:

(A) The effective date of a notification prohibiting directed

fishing in the same area under Sec. 679.20 or Sec. 679.21;

(B) The offload or transfer of all fish or fish product

from that vessel;

(C) The vessel enters or leaves an area where a different directed

fishing prohibition applies;

(D) The vessel begins fishing with different type of authorized

fishing gear; or

(E) The end of a weekly reporting period, whichever comes first.

(ii) With respect to retention requirements of MRA, IR/IU, and

pollock roe stripping, an operator of a catcher vessel is engaged in a

fishing trip from the time the harvesting of groundfish is begun until

the offload or transfer of all fish or fish product from that vessel.

* * * * *

Harvest limit area (HLA) for Atka mackerel directed fishing for the

purposes of Sec. Sec. 679.4(b)(5)(vi)(B), 679.20(a)(8)(ii) and (iii),

and 679.22(a)(8)(iv)(A), means the waters of statistical areas 542 and

543 west of 178[deg] W long. within 20 nm seaward of sites listed in

Table 6 of this part and located west of 177[deg]57.00' W long.

* * * * *

3. In Sec. 679.4, paragraph (b)(5)(vi) is added to read as

follows:

Sec. 679.4 Permits.

* * * * *

g for the

purposes of Sec. Sec. 679.4(b)(5)(vi)(B), 679.20(a)(8)(ii) and (iii),

and 679.22(a)(8)(iv)(A), means the waters of statistical areas 542 and

543 west of 178[deg] W long. within 20 nm seaward of sites listed in

Table 6 of this part and located west of 177[deg]57.00' W long.

* * * * *

3. In Sec. 679.4, paragraph (b)(5)(vi) is added to read as

follows:

Sec. 679.4 Permits.

* * * * *

(b) * * *

(5) * * *

(vi) Atka Mackerel, Pollock and Pacific Cod Directed Fisheries. (A)

Indicate use of pot, hook-and-line, or trawl gear in the directed

fisheries for pollock, Atka mackerel or Pacific cod.

(B) Indicate directed fishing for Atka mackerel in the harvest

limit area, as defined in Sec. 679.2.

* * * * *

4. In Sec. 679.7 paragraphs (a)(17), (a)(18), and (a)(19) are

added, paragraphs (a)(1) and (b) are revised, and paragraph (c)(3) is

removed to read as follows:

Sec. 679.7 Prohibitions.

* * * * *

(a) * * *

(1) Federal Fisheries Permit. (i) Fish for groundfish in the BSAI

or GOA with a vessel of the United States that does not have on board a

valid Federal fisheries permit issued under Sec. 679.4.

(ii) Directly fish for Atka mackerel, Pacific cod, or pollock with

a vessel of the United States that does not have on board a valid

Federal fisheries permit issued under Sec. 679.4 and endorsed for Atka

mackerel, Pacific cod or pollock under Sec. 679.4(b)(5)(vi).

* * * * *

(17) Tender vessel. (i) Use a catcher vessel or catcher/processor

as a tender vessel before offloading all groundfish or groundfish

product harvested or processed by that vessel.

(ii) Use a catcher vessel or catcher/processor to harvest

groundfish while operating as a tender vessel.

under Sec. 679.4 and endorsed for Atka

mackerel, Pacific cod or pollock under Sec. 679.4(b)(5)(vi).

* * * * *

(17) Tender vessel. (i) Use a catcher vessel or catcher/processor

as a tender vessel before offloading all groundfish or groundfish

product harvested or processed by that vessel.

(ii) Use a catcher vessel or catcher/processor to harvest

groundfish while operating as a tender vessel.

(18) Pollock, Pacific Cod and Atka Mackerel Directed Fishing and

VMS. Operate a vessel in any Federal reporting area when a vessel is

authorized under Sec. 679.4(b)(5)(vi) to participate in the Atka

mackerel, Pacific cod, or pollock directed fisheries and the vessel's

authorized species and gear type is open to directed fishing, unless

the vessel carries an operable NMFS-approved Vessel Monitoring System

(VMS) and complies with the requirements in Sec. 679.28(f).

(19) Atka Mackerel HLA Groundfish Prohibition. For vessels

registered for an Atka mackerel HLA directed fishery under Sec.

679.20(a)(8)(iii), conduct directed fishing for groundfish, other than

for Atka mackerel in an assigned HLA directed fishery under Sec.

679.20(a)(8)(iii), during the time period that the first Atka mackerel

HLA directed fishery to which the vessel is assigned under Sec.

679.20(a)(8)(iii)(B) is open.

(b) Prohibitions specific to the GOA. (1) Southeast Outside trawl

closure. Use trawl gear in the GOA east of 140[deg] W long.

(2) Catcher vessel trip limit for pollock. Retain on board a

catcher vessel

at any time during a trip, more than 300,000 lb (136 mt) of unprocessed

pollock.

t Atka mackerel

HLA directed fishery to which the vessel is assigned under Sec.

679.20(a)(8)(iii)(B) is open.

(b) Prohibitions specific to the GOA. (1) Southeast Outside trawl

closure. Use trawl gear in the GOA east of 140[deg] W long.

(2) Catcher vessel trip limit for pollock. Retain on board a

catcher vessel

at any time during a trip, more than 300,000 lb (136 mt) of unprocessed

pollock.

(3) Tender vessel restrictions for pollock. (i) Operate as a tender

vessel east of 157[deg]00' W long. for pollock harvested in the GOA.

(ii) Operate as a tender vessel west of 157[deg]00' W long. while

retaining on board at any time more than 600,000 lb (272 mt) of

unprocessed pollock.

* * * * *

5. In Sec. 679.20:

a. Remove paragraphs (a)(7)(iii)(B), (f)(3), and redesignate

paragraph (a)(7)(iii)(C) as (a)(7)(iii)(B).

b. Revise paragraphs (a)(5)(i)(A), (a)(5)(i)(B),(a)(5)(ii)(B),

(a)(6)(ii), (a)(6)(iii), (a)(7)(i)(C)(2) and (3), (a)(7)(ii)(A),

(a)(7)(ii)(D), (a)(7)(iii)(A), (a)(8)(ii)(C), (a)(8)(iii), (a)(11),

(b)(2)(i), (b)(2)(ii), (d)(4) and the newly designated paragraph

(a)(7)(iii)(B).

c. Add paragraph (e)(2)(iv) to read as follows:

Sec. 679.20 General limitations.

* * * * *

(a) * * *

(5) * * *

(i) * * *

(A) BSAI seasonal allowances--(1) Inshore, catcher/processor,

mothership, and CDQ components. The portions of the BSAI area pollock

directed fishing allowances allocated to each component under Sections

206(a) and 206(b) of the AFA will be divided into two seasonal

allowances corresponding to the two fishing seasons set out at Sec.

679.23(e)(2), as follows: A Season, 40 percent; B Season, 60 percent.

seasonal allowances--(1) Inshore, catcher/processor,

mothership, and CDQ components. The portions of the BSAI area pollock

directed fishing allowances allocated to each component under Sections

206(a) and 206(b) of the AFA will be divided into two seasonal

allowances corresponding to the two fishing seasons set out at Sec.

679.23(e)(2), as follows: A Season, 40 percent; B Season, 60 percent.

(2) Inseason adjustments. Within any fishing year, the Regional

Administrator may add or subtract any under harvest or over harvest of

a seasonal allowance for a component to the subsequent seasonal

allowance for the component through notification published in the

Federal Register.

(B) Steller sea lion conservation area (SCA) harvest limit. For

each component under Sections 206(a) and 206(b) of the AFA and for the

open access fishery, no more than 28 percent of the annual pollock

directed fishery allowance may be taken from the SCA before April 1.

The SCA is defined at Sec. 679.22(a)(7)(vii).

* * * * *

(ii) * * *

(B) GOA Western and Central Regulatory Areas seasonal

apportionments. Each apportionment established under paragraph

(a)(5)(ii)(A) of this section will be divided into four seasonal

apportionments corresponding to the four fishing seasons set out at

Sec. 679.23(d)(2) as follows: A Season, 25 percent; B Season, 25

percent; C Season, 25 percent; and D Season, 25 percent. Within any

fishing year, underharvest or overharvest of a seasonal apportionment

may be added to or subtracted from remaining seasonal apportionments in

a manner to be determined by the Regional Administrator, provided that

any revised seasonal apportionment does not exceed 30 percent of the

annual TAC apportionment for a GOA regulatory area.

* * * * *

n, 25 percent; and D Season, 25 percent. Within any

fishing year, underharvest or overharvest of a seasonal apportionment

may be added to or subtracted from remaining seasonal apportionments in

a manner to be determined by the Regional Administrator, provided that

any revised seasonal apportionment does not exceed 30 percent of the

annual TAC apportionment for a GOA regulatory area.

* * * * *

(6) * * *

(ii) GOA pollock. The apportionment of pollock in all GOA

regulatory areas and for each seasonal apportionment 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. 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.

* * * * *

(7) * * *

(i) * * *

(C) * * *

(2) Harvest of Pacific cod made by catcher vessels less than 60 ft

(18.3 m) LOA using pot gear:

(i) Will accrue against the 18.3 percent specified in paragraph

(a)(7)(i)(C)(1)(iii) of this section when the Pacific cod fishery for

vessels equal to or greater than 60 ft (18.3 m) LOA using pot gear is

open.

(ii) Will accrue against the 1.4 percent specified in paragraph

(a)(7)(i)(C)(1)(iv) of this section when the Pacific cod fishery for

vessels equal to or greater than 60 ft (18.3 m) LOA using pot gear is

closed.

(3) Harvest of Pacific cod made by catcher vessels less than 60 ft

(18.3 m) LOA using hook-and-line gear:

(i) Will accrue against the 0.3 percent specified in paragraph

ar is

open.

(ii) Will accrue against the 1.4 percent specified in paragraph

(a)(7)(i)(C)(1)(iv) of this section when the Pacific cod fishery for

vessels equal to or greater than 60 ft (18.3 m) LOA using pot gear is

closed.

(3) Harvest of Pacific cod made by catcher vessels less than 60 ft

(18.3 m) LOA using hook-and-line gear:

(i) Will accrue against the 0.3 percent specified in paragraph

(a)(7)(i)(C)(1)(ii) of this section when the Pacific cod fishery for

vessels equal to or greater than 60 ft (18.3 m) LOA using hook-and-line

gear is open.

(ii) Will accrue against the 1.4 percent specified in paragraph

(a)(7)(i)(C)(1)(iv) of this section when the Pacific cod fishery for

vessels equal to or greater than 60 ft (18.3 m) LOA using hook-and-line

gear is closed.

* * * * *

(ii) * * *

(A) Reallocation within the trawl sector. If, during a fishing

season, the Regional Administrator determines that either components of

catcher vessels using trawl gear or catcher/processors using trawl gear

will not be able to harvest the entire amount of Pacific cod in the

BSAI allocated to those vessels under paragraph (a)(7)(i),

(a)(7)(ii)(C), or (a)(7)(iii)(A) of this section, he/she may reallocate

the projected unused amount of Pacific cod to vessels using trawl gear

in the other component through notification in the Federal Register

before any reallocation to vessels using other gear type(s).

* * * * *

(D) Unused seasonal allowance for trawl. Any unused portion of a

seasonal allowance of Pacific cod for vessels using trawl gear under

paragraph (a)(7)(ii) or (a)(7)(iii)(A) of this section may be

reapportioned by the Regional Administrator to the subsequent seasonal

allocations for vessels using trawl gear.

deral Register

before any reallocation to vessels using other gear type(s).

* * * * *

(D) Unused seasonal allowance for trawl. Any unused portion of a

seasonal allowance of Pacific cod for vessels using trawl gear under

paragraph (a)(7)(ii) or (a)(7)(iii)(A) of this section may be

reapportioned by the Regional Administrator to the subsequent seasonal

allocations for vessels using trawl gear.

(iii) * * *

(A) Seasonal apportionment and gear allocations. The Pacific cod

BSAI gear allocations and apportionments by seasons, as specified in

Sec. 679.23 (e)(5), are as follows:

----------------------------------------------------------------------------------------------------------------

Gear Type A season B season C season

----------------------------------------------------------------------------------------------------------------

1 trawl 60 percent............. 20 percent............. 20 percent

2 trawl CV 70 percent............. 10 percent............. 20 percent

3 trawl CP 50 percent............. 30 percent............. 20 percent

4 hookandline [gteqt] 60 percent............. 40 percent............. ......................

60 ft (18.3 m) LOA, ....................... ....................... ......................

nonCDQ pot ....................... ....................... ......................

vessels [gteqt] 60 ft ....................... ....................... ......................

(18.3 m) LOA, and jig vessels ....................... ....................... ......................

5 all other nontrawl vessels no seasonal apportionment

----------------------------------------------------------------------------------------------------------------

(B) Unused seasonal allowances. Any unused portion of a seasonal

allowance of Pacific cod allocated to vessels using hook-and-line or

pot gear under paragraph (a)(7)(i)(C) of this section will be

reallocated to the remaining seasons during the current fishing year in

a manner determined by NMFS, after consultation with the Council.

------------------------------------------------------------

(B) Unused seasonal allowances. Any unused portion of a seasonal

allowance of Pacific cod allocated to vessels using hook-and-line or

pot gear under paragraph (a)(7)(i)(C) of this section will be

reallocated to the remaining seasons during the current fishing year in

a manner determined by NMFS, after consultation with the Council.

(8) * * *

(ii) * * *

(C) Harvest limit area (HLA) limits. Atka mackerel harvest is

limited in the HLA, as defined in Sec. 679.2, as follows:

(1) For the HLA, the Regional Administrator will establish an HLA

harvest limit of no more than 60 percent of the seasonal TAC as

specified in paragraph (a)(8)(ii)(A) of this section.

(2) CDQ fishing. A CDQ group is prohibited from exceeding the CDQ

portion of the percentage of annual Atka mackerel in areas 542 and/or

543 specified in paragraph (a)(8)(ii)(C)(1) of this section for the

HLA.

(iii) Atka mackerel HLA directed fishing--(A) Registration. All

vessels using trawl gear for directed fishing for Atka mackerel in the

HLA, as defined in Sec. 679.2, are required to register with NMFS. To

register, the vessel owner or operator must provide information

required by Sec. 679.4(b)(5)(vi) for an endorsement to the vessel's

Federal fishery permit issued under Sec. 679.4.

(1) To participate in the A season HLA fishery, registration

information must be received by NMFS, Restricted Access Management

Program, by 4:30 p.m., A.l.t., on the first working day following

January 1.

(2) To participate in the B season HLA fishery,

must provide information

required by Sec. 679.4(b)(5)(vi) for an endorsement to the vessel's

Federal fishery permit issued under Sec. 679.4.

(1) To participate in the A season HLA fishery, registration

information must be received by NMFS, Restricted Access Management

Program, by 4:30 p.m., A.l.t., on the first working day following

January 1.

(2) To participate in the B season HLA fishery,

(i) The vessel is registered for the A season HLA fishery and is

registered for the HLA fishery through the first working day following

July 31, or

(ii) Registration information for the HLA fishery is received by

NMFS, Restricted Access Management Program, by 4:30 p.m., A.l.t., on

the first working day following July 31.

(B) HLA assignment. For each season, NMFS will manage the HLA

directed fishery for the vessels registered to fish in areas 542 or 543

under paragraph (a)(8)(iii)(A) of this section as follows:

(1) Lottery. The Regional Administrator or his/her designee will

randomly assign each vessel to one of two directed fisheries for each

statistical area in which the vessel is registered under paragraph

(a)(8)(iii)(A) of this section. Each HLA directed fishery within a

statistical area will be assigned an equal number of vessels unless

there is an odd number of vessels under paragraph (a)(8)(iii)(A) of

this section. In the case of an odd number of vessels, the Regional

Administrator or his/her designee will assign one additional vessel to

one HLA directed fishery. Vessels registering under paragraph

i)(A) of this section. Each HLA directed fishery within a

statistical area will be assigned an equal number of vessels unless

there is an odd number of vessels under paragraph (a)(8)(iii)(A) of

this section. In the case of an odd number of vessels, the Regional

Administrator or his/her designee will assign one additional vessel to

one HLA directed fishery. Vessels registering under paragraph

(a)(8)(iii)(A) of this section to fish in both area 542 and area 543

will be randomly assigned to an HLA directed fishery in area 542 and

will be placed in the area 543 HLA directed fishery occurring at an

alternate time during the season.

(2) Notification. The Regional Administrator will provide the

results of the lottery under (a)(8)(iii)(B)(1) of this section by

notification published in the Federal Register and other means of

practicable notification.

(C) HLA directed fisheries. 48 hours after a seasonal closure of

the area 541 Atka mackerel directed fishery, the Regional Administrator

will open the directed fisheries within the HLA in areas 542 and 543.

The Regional Administrator will provide notification by publication in

the Federal Register of the opening and closure dates of the HLA

directed fisheries, as determined by paragraph (a)(8)(iii)(E) of this

section. Closures specified in Table 6 to this part and in Sec.

679.22(a)(8) will remain in effect.

(D) HLA harvest limit. The Regional Administrator will establish

the harvest limit for each HLA directed fishery for each area based on

the seasonal apportionment at paragraph (a)(8)(ii)(C) of this section

and in proportion to the number of vessels in an HLA directed fishery

compared to the total number of vessels fishing in the HLA of an area

during a season.

(E) HLA directed fishery closure

D) HLA harvest limit. The Regional Administrator will establish

the harvest limit for each HLA directed fishery for each area based on

the seasonal apportionment at paragraph (a)(8)(ii)(C) of this section

and in proportion to the number of vessels in an HLA directed fishery

compared to the total number of vessels fishing in the HLA of an area

during a season.

(E) HLA directed fishery closure. The Regional Administrator will

establish the closure date of the Atka mackerel HLA directed fishery

for each statistical area based on the estimated fishing capacity of

vessels registered to fish in the area and assigned to the HLA directed

fishery under paragraph (a)(8)(iii)(B) of this section. Each HLA

directed fishery will last no longer than 14 days.

(F) Groundfish directed fishery prohibition. Vessels registering

under paragraph (a)(8)(iii)(A) of this section are prohibited from

participating in any groundfish directed fishery other than the one

assigned under paragraph (a)(8)(iii)(B) of this section during the

opening of the first HLA directed fishery assigned to the vessel in a

season, as specified in Sec. 679.7(a)(19).

* * * * *

(11) GOA Pacific cod TAC--(i) Seasonal apportionment. The TAC

established for Pacific cod in the Western and Central Regulatory Areas

of the GOA will be divided 60 percent to the A season and 40 percent to

the B season, as specified in Sec. 679.23(d)(3).

(ii) The Regional Administrator may apply any underage or overage

of Pacific cod harvest from one season to the subsequent season. In

adding or subtracting any underages or overages to the subsequent

season, the Regional Administrator shall consider bycatch needed to

optimize catch by gear groups and sectors.

(iii) Pacific cod catch between the A and B seasons. Pacific cod

catch taken between the closure of the A season and opening of the B

season shall be deducted from the B season TAC apportionment.

* * * * *

(b) * * *

(2) * * *

subtracting any underages or overages to the subsequent

season, the Regional Administrator shall consider bycatch needed to

optimize catch by gear groups and sectors.

(iii) Pacific cod catch between the A and B seasons. Pacific cod

catch taken between the closure of the A season and opening of the B

season shall be deducted from the B season TAC apportionment.

* * * * *

(b) * * *

(2) * * *

(i) Pollock inshore-offshore reapportionment. Any amounts of the

GOA reserve that are reapportioned to pollock as provided by paragraph

(b) of this section must be apportioned between the inshore component

in the GOA and the offshore component in the GOA in the same

proportions specified in paragraph (a)(6)(ii) of this section.

(ii) Pacific Cod inshore-offshore reapportionment. Any amounts of

the GOA reserve that are reapportioned to Pacific cod as provided by

paragraph (b) of this section 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 this section.

* * * * *

(d) * * *

(4) Harvest control for pollock, Atka mackerel and Pacific cod. If

a biological assessment of stock condition for the pollock, Pacific

cod, or Atka mackerel within an area projects that the biomass in an

area will be equal to or below 20 percent of the projected unfished

biomass during a fishing year, the Regional Administrator will prohibit

the directed fishery for the relevant species within the area. The

Regional

Administrator will prohibit the directed fishery under this paragraph

by notification published in the Federal Register. The directed fishery

will remain closed until a subsequent biological assessment projects

that the biomass for the species in the area will exceed 20 percent of

the projected unfished biomass during a fishing year.

* * * * *

e relevant species within the area. The

Regional

Administrator will prohibit the directed fishery under this paragraph

by notification published in the Federal Register. The directed fishery

will remain closed until a subsequent biological assessment projects

that the biomass for the species in the area will exceed 20 percent of

the projected unfished biomass during a fishing year.

* * * * *

(e) * * *

(2) * * *

(iv) The maximum retainable amount for vessels fishing during an

individual fishing trip in areas closed to directed fishing and in

areas open to directed fishing is the lowest maximum retainable amount

applicable to the prohibited species or species group in any of these

areas, and this maximum retainable amount must be applied for the

duration of the individual fishing trip.

* * * * *

6. In Sec. 679.22, paragraphs (a)(5), (a)(7), (a)(8), (b)(2) and

(b)(3) are revised to read as follows:

Sec. 679.22 Closures.

(a) * * *

(5) Catcher Vessel Operational Area(CVOA)--(i) Definition. 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., and north of

the Aleutian Islands (Figure 2 to part 679).

(ii) Catcher/processor restrictions. A catcher/processor vessel

authorized to fish for BSAI pollock under Sec. 679.4 is prohibited

from conducting directed fishing for pollock in the CVOA during the B

pollock season defined at Sec. 679.23(e)(2)(ii), unless it is

operating under a CDP approved by NMFS.

* * * * *

nd 167[deg]30' W long., and north of

the Aleutian Islands (Figure 2 to part 679).

(ii) Catcher/processor restrictions. A catcher/processor vessel

authorized to fish for BSAI pollock under Sec. 679.4 is prohibited

from conducting directed fishing for pollock in the CVOA during the B

pollock season defined at Sec. 679.23(e)(2)(ii), unless it is

operating under a CDP approved by NMFS.

* * * * *

(7) Steller sea lion protection areas, Bering Sea subarea--(i)

Bogoslof area--(A) Boundaries. The Bogoslof area consists of all waters

of area 518 as described in Figure 1 of this part south of a straight

line connecting 55[deg]00' N lat./170[deg]00' W long., and 55[deg]00' N

lat./168[deg]11'4.75'' W long.;

(B) Fishing prohibition. All waters within the Bogoslof area are

closed to directed fishing for pollock, Pacific cod, and Atka mackerel

by federally-permitted vessels, except as provided in paragraph

(a)(7)(i)(C) of this section.

(C) Bogoslof Pacific cod exemption area. (1) All catcher vessels

less than 60 ft (18.3 m) LOA using jig or hook-and-line gear for

directed fishing for Pacific cod are exempt from the Pacific cod

fishing prohibition as described in paragraph (a)(7)(i)(B) of this

section in the portion of the Bogoslof area south of a line connecting

a point 3 nm north of Bishop Point (54[deg]01'25'' N lat./166[deg]

57'00'' W long.) to Cape Tanak (53[deg]33'50'' N lat./168[deg]00'00'' W

long.), not including waters of the Bishop Point Pacific cod fishing

closures as described in Table 5 of this part.

d

fishing prohibition as described in paragraph (a)(7)(i)(B) of this

section in the portion of the Bogoslof area south of a line connecting

a point 3 nm north of Bishop Point (54[deg]01'25'' N lat./166[deg]

57'00'' W long.) to Cape Tanak (53[deg]33'50'' N lat./168[deg]00'00'' W

long.), not including waters of the Bishop Point Pacific cod fishing

closures as described in Table 5 of this part.

(2) If the Regional Administrator determines that 113 mt of Pacific

cod have been caught by catcher vessels less than 60 ft (18.3 m) LOA

using jig or hook-and-line gear in the exemption area described in

paragraph (a)(7)(i)(C)(1) of this section, the Regional Administrator

will prohibit directed fishing for Pacific cod by catcher vessels less

than 60 ft (18.3 m) LOA using jig or hook-and-line gear in the

exemption area by notification published in the Federal Register.

(ii) Bering Sea Pollock Restriction Area. (A) Boundaries. The

Bering Sea Pollock Restriction Area consists of all waters of the

Bering Sea subarea south of a line connecting the points 163[deg]0'00''

W long./55[deg]46'30'' N lat., 165[deg]08'00'' W long./54[deg]42'9'' N

lat., 165[deg]40'00'' W long./54[deg]26'30'' N lat., 166[deg]12'00'' W

long./54[deg]18'40'' N lat., and 167[deg]0'00'' W long./54[deg]8'50'' N

lat.

(B) Fishing prohibition. All waters within the Bering Sea Pollock

Restriction Area are closed to directed fishing for pollock by

federally-permitted vessels during the A season, as defined at Sec.

679.23(e)(2).

(iii) Groundfish closures. Directed fishing for groundfish by

federally permitted vessels is prohibited within 3 nm of selected

sites. These sites are listed in Table 12 of this part and are

identified by ``Bering Sea'' in column 2.

(iv) Pollock closures. Directed fishing for pollock by federally-

permitted vessels is prohibited within pollock no-fishing zones around

selected sites. These sites are listed in Table 4 of this part and are

identified by ``Bering Sea'' in column 2.

ls is prohibited within 3 nm of selected

sites. These sites are listed in Table 12 of this part and are

identified by ``Bering Sea'' in column 2.

(iv) Pollock closures. Directed fishing for pollock by federally-

permitted vessels is prohibited within pollock no-fishing zones around

selected sites. These sites are listed in Table 4 of this part and are

identified by ``Bering Sea'' in column 2.

(v) Pacific cod closures. Directed fishing for Pacific cod by

federally-permitted vessels using trawl, hook-and-line, or pot gear is

prohibited within the Pacific cod no-fishing zones around selected

sites. These sites and gear types are listed in Table 5 of this part

and are identified by ``BS'' in column 2.

(vi) Atka mackerel closures. Directed fishing for Atka mackerel by

federally permitted vessels using trawl gear is prohibited within Atka

mackerel no-fishing zones around selected sites. These sites are listed

in Table 6 to this part and are identified by ``Bering Sea'' in column

2.

(vii) Steller sea lion conservation area (SCA)--(A) General.

Directed fishing for pollock by vessels catching pollock for processing

by the inshore component, catcher/processors in the offshore component,

motherships in the offshore component, or directed fishing for pollock

CDQ, is prohibited within the SCA until April 1 when the Regional

Administrator announces, by notification in the Federal Register, that

the criteria set out in paragraph (a)(7)(vii)(C) of this section have

been met by that industry component.

(B) Boundaries. The SCA consists of the area of the Bering Sea

subarea between 170[deg]00' W long. and 163[deg]00' W long., south of

straight lines connecting the following points in the order listed:

55[deg]00' N lat. 170[deg]00' W long.;

55[deg]00' N lat. 168[deg]00' W long.;

55[deg]30' N lat. 168[deg]00' W long.;

55[deg]30' N lat. 166[deg]00' W long.;

56[deg]00' N lat. 166[deg]00' W long.; and,

ndaries. The SCA consists of the area of the Bering Sea

subarea between 170[deg]00' W long. and 163[deg]00' W long., south of

straight lines connecting the following points in the order listed:

55[deg]00' N lat. 170[deg]00' W long.;

55[deg]00' N lat. 168[deg]00' W long.;

55[deg]30' N lat. 168[deg]00' W long.;

55[deg]30' N lat. 166[deg]00' W long.;

56[deg]00' N lat. 166[deg]00' W long.; and,

56[deg]00' N lat. 163[deg]00' W long.

(C) Criteria for closure--(1) General. The directed fishing

closures identified in paragraph (a)(7)(vii)(A) of this section will

take effect when the Regional Administrator determines that the harvest

limit for pollock within the SCA, as specified in Sec.

679.20(a)(5)(i)(B) is reached before April 1. The Regional

Administrator shall close the directed pollock fishery in the SCA by

notification published in the Federal Register.

(2) Inshore catcher vessels greater than 99 ft (30.2 m) LOA. The

Regional Administrator will prohibit directed fishing for pollock by

vessels greater than 99 ft (30.2 m) LOA, catching pollock for

processing by the inshore component before reaching the inshore SCA

harvest limit before April 1 to accommodate fishing by vessels less

than or equal to 99 ft (30.2 m) inside the SCA until April 1. The

Regional Administrator will estimate how much of the inshore seasonal

allowance is likely to be harvested by catcher vessels less than or

equal to 99 ft (30.2 m) LOA and reserve a sufficient amount of the

inshore SCA allowance to accommodate fishing by such vessels after the

closure of the SCA to inshore vessels greater than 99 ft (30.2 m) LOA.

The Regional Administrator will prohibit directed fishing for all

inshore catcher vessels within the SCA when the harvest limit specified

in Sec. 679.20(a)(5)(i)(B) has been met before April 1.

(8) Steller sea lion protection areas, Aleutian Islands subarea--

e SCA allowance to accommodate fishing by such vessels after the

closure of the SCA to inshore vessels greater than 99 ft (30.2 m) LOA.

The Regional Administrator will prohibit directed fishing for all

inshore catcher vessels within the SCA when the harvest limit specified

in Sec. 679.20(a)(5)(i)(B) has been met before April 1.

(8) Steller sea lion protection areas, Aleutian Islands subarea--

(i) Seguam Foraging area--(A) The Seguam foraging area is established

as all waters within the area between 52[deg] N lat. and 53[deg] N lat.

and between 173[deg]30' W long. and 172[deg]30' W long.

(B) Directed fishing for pollock, Pacific cod, and Atka mackerel by

federally-permitted vessels is prohibited in the Seguam Foraging area

as described in paragraph (a)(8)(i)(A) of this section.

(ii) Pollock closure. Directed fishing for pollock by federally-

permitted vessels is prohibited within the pollock no-fishing zones

around selected sites. These sites are listed in Table 4 of this part

and are identified by ``Aleutian I.'' in column 2.

(iii) Groundfish closures. Directed fishing for groundfish by

federally-permitted vessels is prohibited within 3 nm of selected

sites. These sites are listed in Table 12 of this part and are

identified by ``Aleutian Islands'' in column 2.

(iv) Pacific cod closures--(A) HLA closure. Directed fishing for

Pacific cod by federally-permitted vessels using trawl gear is

prohibited in the HLA in area 542 or area 543, as defined in Sec.

679.2 when the Atka mackerel HLA directed fishery in area 542 or area

543 is open.

(B) Gear specific closures. Directed fishing for Pacific cod by

federally-permitted vessels using trawl, hook-and-line, or pot gear is

prohibited within the Pacific cod no-fishing zones around selected

sites. These sites and gear types are listed in Table 5 of this part

and are identified by ``AI'' in column 2.

79.2 when the Atka mackerel HLA directed fishery in area 542 or area

543 is open.

(B) Gear specific closures. Directed fishing for Pacific cod by

federally-permitted vessels using trawl, hook-and-line, or pot gear is

prohibited within the Pacific cod no-fishing zones around selected

sites. These sites and gear types are listed in Table 5 of this part

and are identified by ``AI'' in column 2.

(v) Atka mackerel closures. Directed fishing for Atka mackerel by

federally-permitted vessels using trawl gear is prohibited within Atka

mackerel no-fishing zones around selected sites. These sites are listed

in Table 6 of this part and are identified by ``Aleutian Islands'' in

column 2.

* * * * *

(b) * * *

(2) Steller sea lion protection areas--(i) Groundfish closures.

Directed fishing for groundfish by federally-permitted vessels is

prohibited within 3 nm of selected sites. These sites are listed in

Table 12 of this part and are identified by ``Gulf of Alaska'' in

column 2.

(ii) Pollock closures. Directed fishing for pollock by federally-

permitted vessels is prohibited within pollock no-fishing zones around

selected sites. These sites are listed in Table 4 of this part and are

identified by ``Gulf of Alaska'' in column 2.

(iii) Pacific cod closures. Directed fishing for Pacific cod by

federally-permitted vessels using trawl, hook-and-line, or pot gear in

the federally managed Pacific cod or State of Alaska parallel

groundfish fisheries, as defined in Alaska Administrative Code (5 AAC

28.087(c), January 3, 2002), is prohibited within Pacific cod no-

fishing zones around selected sites. These sites and gear types are

listed in Table 5 of this part and are identified by ``GOA'' in column

2.

(iv) Atka mackerel closure. Directed fishing for Atka mackerel by

federally permitted vessels within the Gulf of Alaska subarea is

prohibited at all times.

ska Administrative Code (5 AAC

28.087(c), January 3, 2002), is prohibited within Pacific cod no-

fishing zones around selected sites. These sites and gear types are

listed in Table 5 of this part and are identified by ``GOA'' in column

2.

(iv) Atka mackerel closure. Directed fishing for Atka mackerel by

federally permitted vessels within the Gulf of Alaska subarea is

prohibited at all times.

(3) Chiniak Gully Research Area (applicable through December 31,

2004)--(i) Description of Chiniak Gully Research Area. The Chiniak

Gully Research Area is defined as that part of area 630 bounded by

straight lines connecting the coordinates in the order listed:

57.81[deg] N lat., 152.37[deg] W long.;

57.81[deg] N lat., 151.85[deg] W long.;

57.22[deg] N lat., 150.64[deg] W long.;

56.98[deg] N lat., 151.27[deg] W long.;

57.62[deg] N lat., 152.16[deg] W long.; and hence counterclockwise

along the shoreline of Kodiak Island to 57.81[deg] N lat., 152.37[deg]

W long.

(ii) Closure--(A) The Chiniak Gully Research Area is closed to

vessels using trawl gear from August 1 to a date no later than

September 20, except that trawl gear may be tested in the manner

described at Sec. 679.24(d)(2) in the Kodiak Test Area defined at

Sec. 679.24 (d)(4)(i) and illustrated in Figure 7 to this part.

(B) Prior to September 20, the Regional Administrator may publish

notification in the Federal Register rescinding the trawl closure in

the Chiniak Gully Research Area described in paragraph (b)(3)(ii)(A) of

this section.

* * * * *

7. In Sec. 679.23, paragraphs (d)(2), (d)(3), (e)(2), (e)(3),

(e)(4)(iii), and (e)(5) and paragraph (i) are revised to read as

follows:

Sec. 679.23 Seasons.

* * * * *

(d) * * *

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

this part, directed fishing for pollock in the Western and Central

Regulatory Areas is authorized only during the following four seasons:

* * * * *

7. In Sec. 679.23, paragraphs (d)(2), (d)(3), (e)(2), (e)(3),

(e)(4)(iii), and (e)(5) and paragraph (i) are revised to read as

follows:

Sec. 679.23 Seasons.

* * * * *

(d) * * *

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

this part, directed fishing for pollock in the Western and Central

Regulatory Areas is authorized only during the following four seasons:

(i) A season. From 1200 hours, A.l.t., January 20 through 1200

hours, A.l.t., February 25;

(ii) B season. From 1200 hours, A.l.t., March 10 through 1200

hours, A.l.t., May 31;

(iii) C season. From 1200 hours, A.l.t., August 25 through 1200

hours, A.l.t., September 15; and

(iv) D season. From 1200 hours, A.l.t., October 1 through 1200

hours, A.l.t., November 1.

(3) Directed fishing for Pacific cod--(i) Hook-and-line, pot, or

jig gear. Subject to other provisions of this part, directed fishing

for Pacific cod with hook-and-line, pot, or jig gear in the Western and

Central Regulatory Areas 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., June 10; and

(B) B season. From 1200 hours, A.l.t., September 1 through 2400

hours, A.l.t., December 31.

(ii) Trawl gear. Subject to other provisions of this part, directed

fishing for Pacific cod with trawl gear in the Western and Central

Regulatory Areas is authorized only during the following two seasons:

(A) A season. From 1200 hours, A.l.t., January 20 through 1200

hours, A.l.t., June 10; and

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

hours, A.l.t., November 1.

* * * * *

i) Trawl gear. Subject to other provisions of this part, directed

fishing for Pacific cod with trawl gear in the Western and Central

Regulatory Areas is authorized only during the following two seasons:

(A) A season. From 1200 hours, A.l.t., January 20 through 1200

hours, A.l.t., June 10; and

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

hours, A.l.t., November 1.

* * * * *

(e) * * *

(2) Directed fishing for pollock in the Bering Sea/Aleutian Islands

area by inshore, offshore catcher/processor, and mothership components

and pollock CDQ fisheries. Subject to other provisions of this part,

directed fishing for pollock by vessels catching pollock for processing

by the inshore component, catcher/processors in the offshore component,

and motherships in the offshore component in the Bering Sea/Aleutian

Islands area or directed fishing for pollock CDQ in the Bering Sea/

Aleutian Islands area is authorized only during the following two

seasons:

(i) A season. From 1200 hours, A.l.t., January 20 through 1200

hours, A.l.t., June 10; and

(ii) B season. From 1200 hours, A.l.t., June 10 through 1200 hours,

A.l.t., November 1.

(3) Directed fishing for Atka mackerel with trawl gear. Subject to

other provisions of this part, non-CDQ directed fishing for Atka

mackerel with trawl gear in the Aleutian Islands subarea is authorized

only during the following two season:

(i) A season. From 1200 hours, A.l.t., January 20 through 1200

hours, A.l.t., April 15; and

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

hours, A.l.t., November 1.

* * * * *

(4) * * *

(iii) Groundfish CDQ. Fishing for groundfish CDQ species, other

than pollock CDQ; hook-and-line, jig, or trawl Pacific cod CDQ; and

fixed gear sablefish CDQ under subpart C of this part, is authorized

from 0001 hours, A.l.t., January 1 through the end of each

fishing year, except as provided under paragraph (c) of this section.

r 1 through 1200

hours, A.l.t., November 1.

* * * * *

(4) * * *

(iii) Groundfish CDQ. Fishing for groundfish CDQ species, other

than pollock CDQ; hook-and-line, jig, or trawl Pacific cod CDQ; and

fixed gear sablefish CDQ under subpart C of this part, is authorized

from 0001 hours, A.l.t., January 1 through the end of each

fishing year, except as provided under paragraph (c) of this section.

(5) Directed fishing for Pacific cod--(i) Hook-and-line and jig

gear. Subject to other provisions of this part, directed fishing for

CDQ and non-CDQ Pacific cod with vessels

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