98-29945. Fisheries of the Exclusive Economic Zone Off Alaska; Season and Area Apportionment of Atka Mackerel Total Allowable Catch  

  • [Federal Register Volume 63, Number 216 (Monday, November 9, 1998)]
    [Proposed Rules]
    [Pages 60288-60291]
    From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
    [FR Doc No: 98-29945]
    
    
    
    [[Page 60288]]
    
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    DEPARTMENT OF COMMERCE
    
    National Oceanic and Atmospheric Administration
    
    50 CFR Part 679
    
    [Docket No. 981021264-8264-01; I.D. 092998A]
    [RIN 0648-AL29]
    
    
    Fisheries of the Exclusive Economic Zone Off Alaska; Season and 
    Area Apportionment of Atka Mackerel Total Allowable Catch
    
    AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and 
    Atmospheric Administration (NOAA), Commerce.
    
    ACTION: Proposed rule; request for comments.
    
    -----------------------------------------------------------------------
    
    SUMMARY: NMFS proposes regulations that would divide the Atka mackerel 
    total allowable catch (TAC) specified for the Aleutian Islands Subarea 
    into two seasonal allowances; reduce the percentage of Atka mackerel 
    TAC taken from Steller sea lion critical habitat over a 4-year period 
    in the Western and Central Districts of the Aleutian Islands Subarea; 
    and extend the seaward 20 nautical miles (nm) no-trawl zone around the 
    Seguam and Agligadak rookeries in the Eastern District of the Aleutian 
    Islands into a year round closure. The purpose of this action is to 
    avoid significant fishery-induced localized depletions of Atka 
    mackerel, a primary prey species for Steller sea lions in the Aleutian 
    Islands and to avoid potential jeopardy to the continued existence of 
    Steller sea lion populations and their critical habitat through 
    excessive removal of prey. This action is intended to further the 
    conservation goals and objectives of the Fishery Management Plan for 
    the Groundfish Fishery of the Bering Sea and Aleutian Islands Area 
    (FMP).
    
    DATES: Comments on the proposed rule must be received no later than 
    December 9, 1998.
    
    ADDRESSES: Comments may be sent to Sue Salveson, Assistant Regional 
    Administrator for Sustainable Fisheries, Alaska Region, NMFS, P.O. Box 
    21668, Juneau, AK 99802, Attn: Lori J. Gravel, or delivered to the 
    Federal Building, 709 West 9th Street, Juneau, AK. Copies of the 
    Environmental Assessment/Regulatory Impact Review (EA/RIR) prepared for 
    this action are available from NMFS at the same address, or by calling 
    the Alaska Region, NMFS, at 907-586-7228.
    
    FOR FURTHER INFORMATION CONTACT: Kent Lind, 907-586-7228, or 
    kent.lind@noaa.gov.
    
    SUPPLEMENTARY INFORMATION: NMFS manages the groundfish fisheries of the 
    Bering Sea and Aleutian Islands Management Area (BSAI) pursuant to the 
    FMP. The North Pacific Fishery Management Council (Council) prepared 
    the FMP under the authority of the Magnuson-Stevens Fishery 
    Conservation and Management Act (Magnuson-Stevens Act). The FMP is 
    implemented by regulations appearing at 50 CFR part 679 issued under 
    the authority of the Magnuson-Stevens Act. General regulations 
    governing U.S. fisheries also appear at 50 CFR part 600.
    
    Purpose and Need for Action
    
        In 1990, NMFS designated the Steller sea lion (Eumetopias jubatus) 
    as a threatened species under the Endangered Species Act of 1973 (ESA). 
    The designation followed severe declines throughout much of the Gulf of 
    Alaska and Aleutian Islands region. In 1993, NMFS defined critical 
    habitat for the species to include the marine areas within 20 nm of 
    major rookeries and haulouts of the species west of 144 deg. W. long., 
    as well as major foraging areas. In 1997, NMFS recognized two separate 
    populations and reclassified the western population (west of 144 deg. 
    W. long.) as endangered. The estimated number of Steller sea lions in 
    the western population has declined by more than 80 percent since the 
    mid-1960s. The ultimate cause or causes of the decline are unknown, but 
    lack of available prey is believed to be an important contributing 
    factor.
        NMFS is the lead agency responsible for the recovery and 
    conservation of the Steller sea lion. As such, it has periodically 
    consulted with itself on the FMP and on the potential effects of the 
    various groundfish fisheries on Steller sea lions. Since listing the 
    Steller sea lion as threatened in 1990, NMFS has expressed concern in 
    three subsequent biological opinions (the products of ESA section 7 
    consultations) that fisheries may reduce sea lion foraging success by 
    causing changes in prey composition, age/size composition of available 
    prey species, or localized depletions of prey.
        Atka mackerel are an important prey species for Steller sea lions. 
    In a recent study, NMFS researchers found that Atka mackerel were the 
    most common prey item (based on split-sample frequency of occurrence) 
    for Steller sea lions in portions of the Central and Western Districts 
    of the Aleutian Islands Subarea. These results were based on scats 
    collected in summer months and assumed to be primarily from adult 
    females. Atka mackerel were also found in 84 percent of 241 Steller sea 
    lion scats collected in 1989-92 in the Aleutian Islands (92 percent in 
    the Central Aleutian Islands).
        Recent statistical evaluations of catch per unit effort (CPUE) at 
    various sites in the 1990s have indicated that the Atka mackerel 
    fishery has led to localized depletions of Steller sea lion prey, 
    thereby increasing evidence of competition. Thus, the first of two main 
    objectives of this proposed rule is to modify the management of the 
    Atka mackerel fishery to avoid such depletions.
        The second objective is based on the statutory requirement of the 
    ESA that Federal actions within the critical habitat of a listed 
    species not jeopardize the continued existence of populations of those 
    species or adversely modify their critical habitat. The single most 
    important feature of critical habitat for the Steller sea lion is its 
    prey base. Areas designated as critical habitat for this species must 
    include sufficient food to meet the energetic demands of a stable and 
    healthy sea lion population. Thus, the availability of prey in critical 
    habitat is a matter of considerable concern, particularly because lack 
    of available prey may have contributed to the decline of the western 
    population or may be impeding its recovery.
        Since 1977, the portion of Atka mackerel catch taken annually 
    within Steller sea lion critical habitat has varied from 15 percent to 
    98 percent, with an average of 71 percent. A marked increase in the 
    annual catch in the 1990s and the high percent of the catch generally 
    taken within Steller sea lion critical habitat have resulted in a 
    marked increase in the tonnage of Atka mackerel taken from areas 
    considered essential to the recovery and conservation of the Steller 
    sea lion, again increasing concerns that the fishery competes with 
    Steller sea lions. The point at which fishery removals of prey from 
    critical habitat jeopardize the continued existence of Steller sea lion 
    populations or result in adverse modification of critical habitat is 
    not clear. In spite of such uncertainty, the ESA requires that a 
    judgment be made on the basis of the best available scientific and 
    commercial data. To prevent potential jeopardy to the continued 
    existence of Steller sea lion populations and adverse modification of 
    their critical habitat, this proposed rule seeks to reduce the 
    proportion of the annual Atka mackerel catch taken from within 
    designated critical habitat.
        The ultimate cause or causes of the decline of the western 
    population of Steller sea lions remain uncertain.
    
    [[Page 60289]]
    
    However, NMFS believes that an important contributing factor may be the 
    lack of available prey of which Atka mackerel are an important 
    component. NMFS is responsible for ensuring that the Atka mackerel 
    fishery does not jeopardize the continued existence of Steller sea lion 
    populations or adversely modify their critical habitat. Given the 
    apparent importance of Atka mackerel in the diet of Steller sea lions, 
    particularly in the central and western Aleutian Islands, careful 
    management of the Atka mackerel fishery is essential to ameliorate 
    potential impacts of the fishery on Steller sea lions and their 
    critical habitat.
        At its June 1998 meeting, the Council considered this information 
    and the analysis prepared by NMFS in support of this action and 
    recommended that NMFS proceed with the development of regulations to 
    reduce competition between the Atka mackerel fishery and Steller sea 
    lions. Six alternatives were presented to the Council for 
    consideration. The alternative adopted by the Council and set out in 
    this proposed rule would (1) divide the Atka mackerel TACs specified 
    for each subarea and district of the BSAI into two equal seasonal 
    allowances, (2) reduce the percentage of Atka mackerel TAC taken from 
    Steller sea lion critical habitat over a 4-year period in the Western 
    and Central Districts of the Aleutian Islands Subarea, and (3) extend 
    the seasonal 20 nm no-trawl zone around the Seguam and Agligadak 
    rookeries in the Eastern District of the Aleutian Islands into a year-
    round closure.
    
    Elements of the Proposed Rule
    
    Atka Mackerel Season Split
    
        To address the issue of localized depletions of Steller sea lion 
    prey, this action would establish two Atka mackerel fishing seasons: 
    The A season would run from 0001 hours, Alaska local time (A.l.t.), 
    January 1 through 1200 hours, A.l.t., April 15 and the B season would 
    run from 1200 hours, A.l.t., September 1 through 1200 hours, A.l.t., 
    November 1. The TAC specified for the Atka mackerel fishery after 
    subtraction of the jig gear allocation and reserves would be divided 
    equally into A and B season allowances during the annual specification 
    process. This split is proposed as an effective means to ameliorate 
    concerns about localized depletion while still providing reasonable 
    opportunity to the fishing industry to harvest Atka mackerel without 
    significantly increased operational costs. The jig gear allocation and 
    Community Development Quota (CDQ) would not be divided into seasonal 
    allowances because jig gear and CDQ fishing occur outside the time 
    period of the open access trawl fishery, and the jig gear and CDQ 
    fisheries are too small, widely dispersed, and slowly paced to lead to 
    localized depletions of Atka mackerel.
    
    Progressive Reduction of Catch Within Critical Habitat
    
        This action would prohibit trawling for groundfish within areas 
    designated as Steller sea lion critical habitat in the Western or 
    Central Districts of the Aleutian Islands when NMFS determines that the 
    harvest of a seasonal allowance of Atka mackerel within a district 
    reaches the following percentage identified for each year and district:
    
    ------------------------------------------------------------------------
                                                        Western     Central
                          Year                           (543)       (542)
    ------------------------------------------------------------------------
    1999............................................          65          80
    2000............................................          57          67
    2001............................................          48          46
    2002 and after..................................          40          40
    ------------------------------------------------------------------------
    
    A critical habitat trawl closure within a district would remain in 
    effect until NMFS closes Atka mackerel to directed fishing within the 
    same district. Steller sea lion critical habitat areas in the Aleutian 
    Islands are defined in Table 1, Table 2, and Figure 4 of 50 CFR part 
    226. The purpose of this action is to ensure that the percentage of 
    Atka mackerel catch taken inside critical habitat does not exceed the 
    percentages identified above. CDQ groups would be limited to the same 
    percentages of Atka mackerel catch taken inside critical habitat. 
    However, critical habitat closures would be imposed on CDQ groups 
    individually when their percentage of Atka mackerel CDQ harvest reaches 
    the limit for each year and district.
    
    Extension of 20 nm No-Trawl Zones
    
        This action also would extend the 20 nm no-trawl zones around the 
    Seguam and Agligadak rookeries in the Eastern District of the Aleutian 
    Islands into a year round closure. At present, these rookeries are 
    protected year-round by a 10 nm no-trawl zone, and from January 1 
    through April 15 by a 20 nm no-trawl zone. The current 10 and 20 nm no-
    trawl zones are set out in Table 5 to part 679.
    
    Additional Actions To Be Taken in the Future
    
    Vessel Monitoring System (VMS)
    
        The Council recommended that NMFS establish a VMS requirement to 
    monitor the activity of vessels fishing with trawl gear after critical 
    habitat areas are closed. NMFS hopes to implement VMS requirements for 
    the Atka mackerel fishery prior to the start of the 1999 Atka mackerel 
    B season, which would open on September 1, 1999. Until then, 
    enforcement of the critical habitat closures contained in this rule 
    would be accomplished through traditional methods, such as Coast Guard 
    overflights and reports from vessels and on board observers.
        The Council also requested that NMFS conduct an annual review of 
    the impact and effectiveness of the management measures outlined above, 
    i.e., the Atka mackerel season split, the progressive reduction of 
    catch within critical habitat, the extension of 20 nm no-trawl zones, 
    and the VMS, and develop a research plan to determine the effects of 
    these management measures by area. NMFS intends to report annually to 
    the Council on the impact and effectiveness of these management 
    measures. Ongoing research on the effectiveness of these and other 
    Steller sea lion protection measures is a critical element of NMFS' 
    recovery program for Steller sea lions.
    
    Classification
    
        This proposed rule has been determined to be not significant for 
    purposes of E.O. 12866.
        NMFS prepared an initial regulatory flexibility analysis that 
    describes the impact this proposed rule, if adopted, would have on 
    small entities. A copy of this analysis is available from NMFS (see 
    ADDRESSES). The analysis made the following conclusions with respect to 
    impacts on small entities:
    
        Business entities affected directly. The actions being 
    considered for the BSAI Atka mackerel fishery would have direct 
    effects on fewer than 15 fishing vessels all of which are expected 
    to be factory trawlers. In 1997, 12 factory trawlers participated in 
    the BSAI Atka mackerel fishery and eight of these vessels accounted 
    for 81 percent of the retained catch in that fishery. All of the 
    factory trawlers in the Atka mackerel fishery are owned by seafood 
    companies with annual receipts that exceed the $3 million small 
    entity threshold by the Small Business Administration for fish 
    harvesting businesses. The combined annual receipts for the 
    companies involved in the Atka mackerel fishery are not known. 
    However, based on the value of fish these companies harvest in 
    Alaska, and the annual reports of the publically held companies, the 
    annual worldwide receipts for the companies involved in the Atka 
    mackerel fishery is estimated to range from $5 million to over $3 
    billion. In 1998, 1 percent of the Atka mackerel TAC in Area 541 
    (127 mt) was allocated to vessels using jig gear. However, as of 
    September 12, 1998, NMFS has not received any Atka mackerel catch 
    reports by
    
    [[Page 60290]]
    
    vessels using jig gear in Area 541 and the entire 127 mt TAC 
    allocation remains unharvested. Up to 10 vessels using jig gear had 
    expressed interest in fishing for Atka mackerel in Area 541 and all 
    of these vessels are small entities. However, the preferred 
    alternative would exempt vessels using jig gear from the A-B season 
    split, critical habitat restrictions, and VMS requirements. 
    Therefore, all small entities using jig gear to fish for Atka 
    mackerel would be unaffected by the proposed action.
        Small communities and groups affected directly. Because, very 
    little BSAI Atka mackerel is delivered to on-shore processors and 
    because the principal participants in this fishery are not residents 
    of Alaska fishing communities, with the exception of the CDQ 
    communities, few small communities would be affected directly. With 
    the expansion of the CDQ program to include all BSAI groundfish and 
    crab, the 50 plus CDQ communities would be affected by actions that 
    affect the Atka mackerel CDQ. However, the effects on these 
    communities are not expected to be significant because Atka mackerel 
    is expected to account for less than 5% of the value of the CDQs to 
    these communities, none of the actions would eliminate all of the 
    value of the Atka mackerel CDQs, and the CDQs are but one source of 
    income for these communities. To further reduce the potential 
    impacts of this action on CDQ groups, the Council's preferred 
    alternative would exempt CDQ groups from the A-B season split so 
    that CDQ groups are not forced to fish small amounts of Atka 
    mackerel CDQ during two separate time periods.
        Business entities affected indirectly. A much larger number of 
    entities would be affected indirectly if the proposed actions result 
    in the factory trawlers, that have dominated the Atka mackerel 
    fishery, switching effort from the Atka mackerel fishery to other 
    groundfish fisheries. If the fishing capacity of the eight factory 
    trawlers that were the core of the Atka mackerel fleet in 1997 were 
    diverted to other fisheries, these vessels could take substantially 
    larger shares of the catch in the BSAI rock sole, Pacific cod, 
    flathead sole, or other flatfish fishery or the GOA flatfish 
    fisheries. Much of any such increase in catch by the core Atka 
    mackerel fleet would be at the expense of other factory trawlers in 
    the BSAI and both catcher vessels and other factory trawlers in the 
    GOA. In 1996, 67 factory trawlers participated in BSAI and GOA 
    Pacific cod fisheries and 42 factory trawlers participated in the 
    various BSAI and GOA flatfish fisheries. In 1996, 180 trawl catcher 
    vessels participated in the Pacific cod fisheries of the BSAI and 
    GOA and 62 trawl catcher vessels participated in the various 
    flatfish fisheries of the BSAI and GOA. Due to inshore/offshore TAC 
    allocations for Pacific cod in the GOA and TAC splits between 
    catcher vessels and catcher processors in the BSAI, catcher vessels 
    participating in the Pacific cod fishery will be unaffected if Atka 
    mackerel factory trawlers shift into the Pacific cod fishery. 
    However, catcher vessels fishing for flatfish in the BSAI and GOA 
    could face impacts if effort shifts away from Atka mackerel as a 
    result of this action. The extent to which these shifts may occur is 
    impossible to quantify or predict.
        Most of the factory trawlers operating in the BSAI and GOA 
    Pacific cod and flatfish fisheries are owned by or affiliated with 
    ``large'' entities. In addition, up to half of the catcher vessels 
    fishing in the BSAI are believed to be owned by or affiliated with 
    large entities. However, in a written comment to the Council 
    submitted for this action, an industry representative for flatfish 
    and Pacific cod factory trawlers indicated that more than 30 percent 
    of the factory trawlers in the BSAI flatfish and Pacific cod 
    fisheries expected 1998 annual gross revenues to be less than $3 
    million. NMFS does not have information to confirm or refute this 
    figure. Furthermore, the ownership characteristics of these vessels 
    has not been analyzed to determine if they are independently owned 
    and operated or affiliated with a larger parent company. Because 
    NMFS cannot quantify the number of small entities that may be 
    indirectly affected by this action, or quantify the magnitude of 
    those effects, NMFS concludes that it is possible that this action 
    could have a significant economic impact on a substantial number of 
    small entities.
        Measures taken to reduce impacts on small entities. The Council 
    considered and adopted a series of exemptions to reduce the impacts 
    of this action on small entities. The preferred alternative contains 
    the following elements to reduce impacts on small entities: (1) 
    Vessels using jig gear would be exempted from all aspects of the 
    proposed action, (2) CDQ groups would be exempted from the A-B 
    season split to prevent having to fish for small Atka mackerel CDQ 
    amounts during two times of the year, and (3) vessels using hook-
    and-line gear would be exempt from the closure to fishing inside 
    critical habitat. The critical habitat closures would affect vessels 
    using trawl gear only, (4) both jig and hook and line vessels would 
    be exempted from future VMS requirements for the Atka mackerel 
    fishery.
    
        As stated in the preceding paragraph and in the section entitled, 
    ``Business entities affected directly,'' all small entities in the Atka 
    mackerel fishery (jig boats) are exempt from all aspects of this 
    proposed action. NMFS is not aware of additional alternatives that 
    could further mitigate this action's economic impact on small entities.
        NMFS initiated a formal section 7 consultation under the ESA for 
    this action. A biological opinion is under preparation that will 
    determine whether the fishing activities conducted under this rule are 
    likely to jeopardize the continued existence of any endangered or 
    threatened species under the jurisdiction of NMFS or to result in the 
    destruction or adverse modification of critical habitat.
    
    List of Subjects in 50 CFR Part 679
    
        Alaska, Fisheries, Reporting and recordkeeping requirements.
    
        Dated: November 3, 1998.
    Andrew A. Rosenberg,
    Acting Assistant Administrator for Fisheries, National Marine Fisheries 
    Service.
    
        For the 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., and 3631 et seq.
    
        2. In Sec. 679.20, paragraphs (a)(8) and (c)(2)(ii)(A) are revised 
    to read as follows:
    
    
    Sec. 679.20  General limitations.
    
    * * * * *
        (a) * * *
        (8) BSAI Atka mackerel--(i) Jig gear. Vessels using jig gear will 
    be allocated up to 2 percent of the TAC of Atka mackerel specified for 
    the Eastern Aleutian Islands District and Bering Sea subarea, after 
    subtraction of reserves, based on the following criteria:
        (A) The amount of Atka mackerel harvested by vessels using jig gear 
    during recent fishing years;
        (B) The anticipated harvest of Atka mackerel by vessels using jig 
    gear during the upcoming fishing year; and
        (C) The extent to which the jig-gear allocation will support the 
    development of a jig-gear fishery for Atka mackerel while minimizing 
    the amount of Atka mackerel TAC annually allocated to vessels using jig 
    gear that remains unharvested at the end of the fishing year.
        (ii) Other gears. The remainder of the Atka mackerel TAC, after 
    subtraction of the jig gear allocation and reserves, will be allocated 
    to vessels using other authorized gear types.
        (A) Seasonal allowances. The Atka mackerel TAC specified for each 
    subarea or district of the BSAI will be divided equally, after 
    subtraction of the jig gear allocation and reserves, into two seasonal 
    allowances corresponding to the A and B seasons defined at 
    Sec. 679.23(e)(3).
        (B) Overages and underages. Within any fishing year, unharvested 
    amounts of the A season allowance will be added to the B season 
    allowance and harvests in excess of the A season allowance will be 
    deducted from the B season allowance.
    * * * * *
        (c) * * *
        (2) * * *
        (ii) * * *
    
    [[Page 60291]]
    
        (A) The interim specifications for pollock and Atka mackerel will 
    be equal to the first seasonal allowance for pollock and Atka mackerel 
    that is published in the proposed specifications under paragraph (c)(1) 
    of this section.
    * * * * *
        3. In Sec. 679.22, paragraphs (a)(7) and (a)(8) are revised to read 
    as follows:
    
    
    Sec. 679.22  Closures.
    
        (a) * * *
        (7) Steller sea lion protection areas, Bering Sea Subarea and 
    Bogoslof District--(i) Year-round closures. Trawling is prohibited 
    within 10 nm of each of the eight Steller sea lion rookeries shown in 
    Table 4a of this part.
        (ii) Seasonal closures. During January 1 through April 15, or a 
    date earlier than April 15, if adjusted under Sec. 679.20, trawling is 
    prohibited within 20 nm of each of the six Steller sea lion rookeries 
    shown in Table 4b of this part.
        (8) Steller sea lion protection areas, Aleutian Islands Subarea--
    (i) 10-nm closures. Trawling is prohibited within 10 nm of each of the 
    17 Steller sea lion rookeries shown in Table 5a of this part.
        (ii) 20-nm closures. Trawling is prohibited within 20 nm of each of 
    the two Steller sea lion rookeries shown in Table 5b of this part.
        (iii) Western and Central Aleutian Islands critical habitat 
    closures--(A) General. Trawling is prohibited within areas designated 
    as Steller sea lion critical habitat in the Western or Central 
    Districts of the AI (see Table 1, Table 2, and Figure 4 of 50 CFR part 
    226) when the Regional Administrator announces by notification in the 
    Federal Register that the criteria for a trawl closure in a district 
    set out in paragraph (a)(8)(iii)(B) of this section has been met.
        (B) Criteria for closure. The trawl closures identified in 
    paragraph (a)(8)(iii)(A) of this section will take effect when the 
    Regional Administrator determines that the harvest of a seasonal 
    allowance of Atka mackerel specified under Sec. 679.20(a)(8)(ii)(A) 
    reaches the following percentage identified for each year and district:
    
    ------------------------------------------------------------------------
                                                        Western     Central
                          Year                           (543)       (542)
                                                       (percent)   (percent)
    ------------------------------------------------------------------------
    1999............................................          65          80
    2000............................................          57          67
    2001............................................          48          46
    2002 and after..................................          40          40
    ------------------------------------------------------------------------
    
        (C) Duration of closure. A Steller sea lion critical habitat area 
    trawl closure within a district will remain in effect until NMFS closes 
    Atka mackerel to directed fishing within the same district.
        (D) CDQ fishing. Harvesting groundfish CDQ with trawl gear is 
    prohibited within areas designated as Steller sea lion critical habitat 
    in the Western and/or Central Districts of the AI (see Table 1, Table 
    2, and Figure 4 of 50 CFR part 226) for an eligible vessel listed on an 
    approved CDP after the CDQ group has harvested the percent of the 
    annual Atka mackerel CDQ specified for the year and district at 
    paragraph (a)(8)(iii)(B) of this section.
    * * * * *
        4. In Sec. 679.23, paragraph (e)(3) is redesignated as paragraph 
    (e)(4) and a new paragraph (e)(3) is added to read as follows:
    
    
    Sec. 679.23  Seasons.
    
    * * * * *
        (e) * * *
        (3) Directed fishing for Atka mackerel with trawl gear. Subject to 
    other provisions of this part, directed fishing for Atka mackerel with 
    trawl gear in the Aleutian Islands Subarea is authorized only during 
    the following two seasons:
        (i) A season. From 0001 hours, A.l.t., January 1, through 1200 
    hours, A.l.t., April 15;
        (ii) B season. From 1200 hours, A.l.t., September 1, through 1200 
    hours, A.l.t., November 1.
    * * * * *
        5. In part 679, Table 5 is revised to read as follows: Table 5 to 
    Part 679--Aleutian Islands Subarea Steller Sea Lion Protection Areas
    
    --------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                    From                                                       To
               Name of Island            -------------------------------------------------------------------------------------------------------------------
                                                    Latitude                    Longitude                     Latitude                    Longitude
    --------------------------------------------------------------------------------------------------------------------------------------------------------
    3-nm NO TRANSIT ZONES described at part 227.12(a)(2) of this title
        a. Trawling Prohibited Year-
         Round Within 10 nm:
            Yunaska Island..............  52 deg.42.0'N                170 deg.38.5'W               52 deg.41.0'N                170 deg.34.5'W.
            Kasatochi Island............  52 deg.10.0'N                175 deg.31.0'W               52 deg.10.5'N                175 deg.29.0'W.
            Adak Island.................  51 deg.36.5'N                176 deg.59.0'W               51 deg.38.0'N                176 deg.59.5'W.
            Gramp Rock..................  51 deg.29.0'N                178 deg.20.5'W               ...........................  ...........................
            Tag Island..................  51 deg.33.5'N                178 deg.34.5'W               ...........................  ...........................
            Ulak Island.................  51 deg.20.0'N                178 deg.57.0'W               51 deg.18.5'N                178 deg.59.5'W.
            Semisopochnoi...............  51 deg.58.5'N                179 deg.45.5'E               51 deg.57.0'N                179 deg.46.0'E.
            Semisopochnoi...............  52 deg.01.5'N                179 deg.37.5'E               52 deg.01.5'N                179 deg.39.0'E.
            Amchitka Island.............  51 deg.22.5'N                179 deg.28.0'E               51 deg.21.5'N                179 deg.25.0'E.
            Amchitka Is/Column Rocks....  51 deg.32.5'N                178 deg.49.5'E               ...........................  ...........................
            Ayugadak Point..............  51 deg.45.5'N                178 deg.24.5'E               ...........................  ...........................
            Kiska Island................  51 deg.57.5'N                177 deg.21.0'E               51 deg.56.5'N                177 deg.20.0'E.
            Kiska Island................  51 deg.52.5'N                177 deg.13.0'E               51 deg.53.5'N                177 deg.12.0'E.
            Buldir Island...............  52 deg.20.5'N                175 deg.57.0'E               52 deg.23.5'N                175 deg.51.0'E.
            Agattu Is./Gillion Pt.......  52 deg.24.0'N                173 deg.21.5'E
            Agattu Island...............  52 deg.23.5'N                173 deg.43.5'E               52 deg.22.0'N                173 deg.41.0'E.
            Attu Island.................  52 deg.54.5'N                172 deg.28.5'E               52 deg.57.5'N                172 deg.31.5'E.
        b. Trawling Prohibited Year-
         Round Within 20 nm:
            Seguam Island...............  52 deg.21.0'N                172 deg.35.0'W               52 deg.21.0'N                172 deg.33.0'W.
            Agligadak Island............  52 deg.06.5'N                172 deg.54.0'W               ...........................  ...........................
    --------------------------------------------------------------------------------------------------------------------------------------------------------
    Note: Each rookery extends in a clockwise direction from the first set of geographic coordinates, along the shoreline at mean lower low water, to the
      second set of coordinates; if only one set of geographic coordinates is listed, the rookery extends around the entire shoreline of the island at mean
      lower low water.
    
    [FR Doc. 98-29945 Filed 11-6-98; 8:45 am]
    BILLING CODE 3510-22-P
    
    
    

Document Information

Published:
11/09/1998
Department:
National Oceanic and Atmospheric Administration
Entry Type:
Proposed Rule
Action:
Proposed rule; request for comments.
Document Number:
98-29945
Dates:
Comments on the proposed rule must be received no later than December 9, 1998.
Pages:
60288-60291 (4 pages)
Docket Numbers:
Docket No. 981021264-8264-01, I.D. 092998A
PDF File:
98-29945.pdf
CFR: (4)
50 CFR 679.23(e)(3)
50 CFR 679.20
50 CFR 679.22
50 CFR 679.23