[Federal Register Volume 64, Number 47 (Thursday, March 11, 1999)]
[Rules and Regulations]
[Pages 12094-12103]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-6028]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 679
[Docket No. 990304062-9062-01; I.D. 121098B]
Fisheries of the Exclusive Economic Zone Off Alaska; Gulf of
Alaska; Final 1999 Harvest Specifications for Groundfish
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Final 1999 harvest specifications for groundfish and associated
management measures.
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SUMMARY: NMFS announces final 1999 harvest specifications for Gulf of
Alaska (GOA) groundfish and associated management measures. This action
is necessary to establish harvest limits and associated management
measures for groundfish during the 1999 fishing year and to accomplish
the goals and objectives of the Fishery Management Plan for Groundfish
of the Gulf of Alaska (FMP). The intended effect of this action is to
conserve and manage the groundfish resources in the GOA.
DATES: The final 1999 harvest specifications and associated management
measures are effective at noon on March 8, 1999, through 2400 hrs,
Alaska local time (A.l.t.), December 31, 1999.
ADDRESSES: The final Environmental Assessment and Final Regulatory
Flexibility Analysis prepared for the 1999 Total Allowable Catch
Specifications may be obtained from the Sustainable Fisheries Division,
Alaska Region, NMFS, P.O. Box 21668, Juneau, AK 99802-1668, Attn: Lori
Gravel, or by calling 907-586-7229.
The Final Stock Assessment and Fishery Evaluation Report (SAFE
report), dated November 1998, is available from the North Pacific
Fishery Management Council, 605 W. 4th Avenue, Suite 306, Anchorage, AK
99501-2252, or by calling 907-271-2809.
FOR FURTHER INFORMATION CONTACT: Thomas Pearson, 907-481-1780 or
tom.pearson@noaa.gov.
SUPPLEMENTARY INFORMATION:
Background
NMFS manages the groundfish fisheries in the exclusive economic
zone of the GOA according 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.
Regulations implementing the FMP appear at 50 CFR part 679. General
regulations that also pertain to the U.S. fisheries appear at 50 CFR
part 600.
NMFS announces for the 1999 fishing year: (1) Specifications of
total allowable catch (TAC) amounts for each groundfish species
category in the GOA, and reserves; (2) apportionments of reserves; (3)
allocations of the sablefish TAC to vessels using hook-and-line and
trawl gear; (4) apportionments of pollock TAC among regulatory areas,
seasons, and allocations for processing between inshore and offshore
components; (5) allocations for processing of Pacific cod TAC between
inshore and offshore components; (6) Pacific halibut prohibited species
catch (PSC) limits; and (7) fishery and seasonal apportionments of the
Pacific halibut PSC limits. A discussion of each of these measures
follows.
Regulations implementing the FMP establish the process of
determining TACs for groundfish species in the GOA. Pursuant to
Sec. 679.20(a)(2), the sum of the TACs for all species must fall within
the combined optimum yield (OY) range of 116,000-800,000 metric tons
(mt) established for these species at Sec. 679.20(a)(1)(ii).
Council met from October 7 through 12, 1998, and developed
recommendations for proposed 1999 TAC specifications for each species
category of groundfish on the basis of the best available scientific
information. The Council also recommended associated management
measures pertaining to the 1999 fishing year.
The Council proposed rolling over all the 1998 final specifications
for 1999, pending an update of the preliminary 1998 SAFE report to
include new information collected during 1998 and revised stock
assessments to be incorporated in the final SAFE report. Pursuant to
Sec. 679.20(c)(1)(ii), NMFS published the proposed 1999 harvest
specifications for the GOA groundfish fishery in the Federal Register
on December 30, 1998 (63 FR 71876), and comments were accepted through
January 29, 1999. NMFS did not receive any comments on the proposed
1999 GOA specifications. Interim TAC and PSC amounts equal to one-
fourth of the proposed amounts were published in the Federal Register
on January 4, 1999 (64 FR 46). The final 1999 initial groundfish
harvest specifications and associated management measures implemented
by this action supersede the interim 1999 specifications.
The Council met December 9 through 14, 1998, to review the best
available scientific information concerning groundfish stocks, and to
consider public testimony regarding 1999 groundfish fisheries. The best
available scientific information is contained in the current SAFE
report, dated November 1998. The SAFE report includes the most recent
information concerning the status of groundfish stocks based on the
most recent catch data, survey data, and biomass projections using
different modeling approaches or assumptions. The Council's GOA Plan
Team prepared the SAFE report and presented it to the Council and the
Council's Scientific and Statistical Committee (SSC) and Advisory Panel
(AP) at the December 1998 Council meeting. The Plan Team's
recommendations for acceptable biological catch (ABC) levels and
overfishing levels (OFL) are contained in the SAFE report.
[[Page 12095]]
For establishment of the ABCs and TACs, the Council considered
information in the SAFE report, recommendations from its SSC and AP, as
well as public testimony. The SSC adopted the OFL recommendations from
the Plan Team, which were provided in the SAFE report, for all
groundfish species categories. The SSC also adopted the ABC
recommendations from the Plan Team, which were provided in the SAFE
report, for all of the groundfish species categories, except pollock
and Pacific cod in the GOA.
The SSC did not adopt the Plan Team's recommendation of ABC for
pollock in the GOA. The Plan Team's recommendation was to exclude
pollock harvested in the State of Alaska (State) managed pollock
fishery in Prince William Sound (PWS) from the ABC specified for the
GOA based on the results of a 1997 bottom trawl survey conducted by the
State. The SSC did not concur, and remains unconvinced that the PWS
fishery exploits a resource that is entirely independent of the
assessed GOA population. The SSC recommended that the State's guideline
harvest level (GHL) of 2,100 mt in the PWS pollock fishery be deducted
from the total GOA ABC of 103,020 mt, reducing the ABC to 100,920 mt,
and that the 100,920 mt ABC be apportioned among GOA regulatory areas
based on the biomass distribution throughout the GOA.
The SSC also did not adopt the Plan Team's recommendation of ABC
for Pacific Cod. In consideration of the influence of a strong 1995
year class on the ABC assessment and the declining trend of spawning
biomass, the Plan Team recommended that the 1998 ABC of 77,900 mt be
rolled over to 1999. The SSC, while considering the recent biomass
decline, believes the 1999 ABC assessment of 90,900 mt represents the
best scientific estimate and uses new data from the 1998 fishery. The
SSC recommended an ABC stepped up from 1998 as the average value of the
two years: 77,900 mt and 90,900 mt, resulting in an ABC of 84,400 mt.
The Council adopted the SSC's ABC recommendation for Pacific cod.
Because the Plan Team, SSC, and Council recommended that total removals
of Pacific cod from the GOA not exceed the ABC recommendations for
those areas, the Council recommended that the TACs be adjusted downward
from the ABCs by amounts equal to the 1999 GHLs established for Pacific
cod by the State of Alaska for a State-managed fishery in State waters.
The effect of the State's GHL on the Pacific cod TAC is discussed in
greater detail below.
In consideration of the trawl prohibition east of 140 deg. W.
long., the Plan Team recommended dividing Eastern GOA ABCs among the
West Yakutat (WYK) and Southeast Outside (SEO) Districts for those
groundfish that could be disproportionately harvested (relative to
estimated biomass) in directed fisheries by trawl gear in the WYK area.
The Plan Team recommended separate ABCs for pollock, all flatfish,
Pacific ocean perch (POP), other slope rockfish, pelagic shelf
rockfish, and sablefish. The Plan Team did not recommend separating the
Eastern GOA ABC for those groundfish caught by multiple gear types in
directed fisheries and those harvested only as bycatch. The SSC adopted
the Plan Team's ABC recommendations in the Eastern GOA, with the
exception of pollock.
The Plan Team also recommended a split of the Eastern GOA pollock
ABC between the WYK and SEO Districts to prevent a disproportionate
harvest of pollock from the WYK District following the 1998 prohibition
of the use of any gear other than non-trawl gear east of 140 deg. W.
long. (Sec. 679.7(i)(1)). The SSC did not concur stating that because
pollock is a migratory species, its harvest in the WYK District should
not harm the overall Eastern GOA population. The SSC recommended a
single ABC for pollock in the Eastern GOA. The Council accepted the
SSC's recommendation for pollock ABCs in the GOA.
The Council adopted the SSC's ABC recommendations for the Eastern
GOA, except for sablefish. The Council recommended a single sablefish
ABC for the Eastern GOA to allow for the allocation of the 5 percent
Eastern GOA trawl allocation to the WYK District, due to the trawl
prohibition east of 140 deg. W. long. The Plan Team, SSC, and Council
also recommended combining the ABC for northern rockfish with the ABC
for the other rockfish assemblage in the Eastern GOA. Northern rockfish
is uncommon in the Eastern GOA, the eastern limit of the species range,
and the resultant small ABC is impracticable to manage.
The Council's recommended ABCs, listed in Table 1, reflect harvest
amounts that are less than the specified overfishing amounts. The sum
of the 1999 ABCs for all groundfish is 532,590 mt, which is lower than
the 1998 ABC total of 548,650 mt.
1999 Harvest Specifications
1. Specifications of TAC and Reserves
The Council recommended TACs equal to ABCs for pollock, deep-water
flatfish, rex sole, sablefish, shortraker/rougheye rockfish, other
slope rockfish, northern rockfish, pelagic shelf rockfish, thornyhead
rockfish, demersal shelf rockfish, and Atka mackerel. The Council
recommended TACs less than the ABC for Pacific cod, flathead sole,
shallow-water flatfish, arrowtooth flounder, and POP (Table 1).
The TAC for pollock has decreased in the Central and Western GOA
from 119,150 mt in 1998 to 92,480 mt in 1999. It has increased from
5,580 mt in 1998 to 8,440 mt in 1999 in the Eastern GOA. The
apportionment of TAC in the Central and Western GOA reflects the
current biomass distribution. The Council did not adopt the AP's
recommendation for a single pollock TAC in the Eastern GOA. The
Council's recommendation for the 1999 pollock TAC in the Eastern GOA is
2,110 mt in the WYK District and 6,330 mt in the SEO District. The
Council's recommendation is based on consideration of the survey
estimates of distribution in the Eastern GOA and the potential for
disproportionate harvest in the WYK District.
Pursuant to Section 7 of the Endangered Species Act, NMFS completed
a consultation on the effects of the pollock fisheries on listed
species, including the Steller sea lion, and designated critical
habitat. The biological opinion prepared for the consultation, dated
December 3, 1998, and revised December 16, 1998, concluded that the
pollock fishery in the GOA jeopardizes the continued existence of
Steller sea lions and adversely modifies their habitat. At its December
meeting, the Council reviewed the reasonable and prudent alternatives
(RPAs) contained in the biological opinion to mitigate the adverse
impacts of the GOA pollock fishery on Steller sea lions and made
recommendations to NMFS for implementing specific RPAs. The Council's
RPA recommendations for the 1999 pollock fishery in the GOA included
four seasonal apportionments of pollock TAC, with limited rollovers, in
the Western and Central GOA; limitations on the seasonal harvest of
pollock in critical habitat; augmentation of the closure areas around
rookery and haul-out sites; and the establishment of a 136 mt (300,000
lb) trip limit for pollock in the Western and Central GOA. NMFS
incorporated these recommendations and other management measures into
an
[[Page 12096]]
emergency rule (64 FR 3437, January 22, 1999), effective from January
20, 1999, through July 19, 1999. The final specifications establish
four seasonal apportionments of the pollock TAC (Table 3). Under the
emergency rule, 30 percent of the annual TAC is apportioned to the A
season (January 20 through April 1) with a harvest limitation of 15,857
mt within the Shelikof Strait conservation zone
(Sec. 679.22(b)(3)(iii)); 20 percent to the B season (June 1 through
July 1); 25 percent to the C season (September 1 until closed in a
particular statistical area or October 1, whichever date is earlier);
and 25 percent to the D season (which starts 5 days after the C season
closure in a particular statistical area through November 1
(Sec. 679.23(d)(3)(i) through (iv)). The harvest limitation of 15,857
mt in the Shelikof Strait conservation area during the A season is
derived from the most recent estimate of pollock biomass in the
critical habitat of the Shelikof Strait (489,900 mt) divided by the
most recent pollock biomass estimated for the entire GOA (933,000 mt)
multiplied by the first seasonal apportionment of pollock TAC, 30
percent of the annual TACs in the GOA (30,280
mt)(Sec. 679.22(b)(2)(iii)(C)).
The 1999 Pacific cod TAC is affected by the State's developing
fishery for Pacific cod in state waters in the Central and Western GOA,
as well as PWS. The SSC, AP, and Council recommended that the sum of
all State and Federal water Pacific cod removals should not exceed the
ABC. The Council recommended that (1) the TAC for the Eastern GOA be
lower than the ABC by 320 mt, the amount of the State's proposed GHL
for PWS, and (2) the TACs for the Central and Western GOA be lower than
the ABCs by 10,235 mt and 5,910 mt respectively, the amounts of the
State's proposed GHLs for these areas. These amounts reflect the
increased percentages the State has established for GHLs in these
areas. In the Western GOA, the State Pacific cod GHL has increased from
15 percent in 1998, to 20 percent in 1999. The Pacific cod GHL in the
Central GOA has increased from 15 percent in 1998 to 19.25 percent in
1999. The State's Pacific cod GHL of 320 mt for PWS is based on 25
percent of the Eastern GOA ABC, and is unchanged from 1998.
The Council accepted the AP recommendation for the TACs of all
species, except pollock and POP. For pollock, the Council requested
that NMFS establish separate pollock TACs for the WYK and SEO Districts
of the Eastern GOA as proposed by the Plan Team in its ABC
recommendations to prevent disproportionate harvest (relative to
biomass estimates) of pollock from the WYK District. For POP, the
Council recommended a TAC of 820 mt of POP in the WYK District, less
than the 1,350 mt TAC recommended by the AP. The Council's
recommendation is based upon the most recent estimate of biomass in the
area and concerns that POP has only recently been estimated to have met
rebuilding goals.
The FMP specifies 5-percent of the combined TAC amount for target
species as the formula for specifying the amount for the ``other
species'' category. The GOA-wide ``other species'' TAC is 14,600 mt,
which is 5 percent of the sum of the combined TAC amounts for the
target species. The sum of the TACs for all GOA groundfish is 306,535
mt, which is within the OY range specified by the FMP. The sum of the
TACs is lower than the 1998 TAC sum of 327,046 mt. On February 6, 1998,
NMFS approved Amendment 39 to the FMP, which established a new species
category for forage fish species. Amendment 39 removed capelin,
eulachon, and smelt from the ``other species'' category in the FMP and
moved these species to the new forage fish species category. While this
action changed the list of species in the ``other species'' category,
it did not affect the formula for specifying a TAC for the ``other
species'' category, which remains 5 percent of the combined TAC amounts
for target species. Under Amendment 39, ABC and TAC amounts are not
specified for forage fish species.
NMFS has reviewed the Council's recommended TAC specifications and
apportionments and hereby approves these specifications under
Sec. 679.20(c)(3)(ii). The 1999 ABCs, TACs, and overfishing levels are
shown in Table 1.
Table 1.--1999 ABCs, TACs, Initial TACs (Pacific Cod Only) and Overfishing Levels of Groundfish for the Western/
Central (W/C), Western (W), Central (C), and Eastern (E) Regulatory Areas and in the West Yakutat (WYK),
Southeast Outside (SEO), and Gulf-Wide (GW) Districts of the Gulf of Alaska
[Values are in metric tons]
----------------------------------------------------------------------------------------------------------------
Species Area \1\ ABC TAC Initial TAC Overfishing
----------------------------------------------------------------------------------------------------------------
Pollock \2\
Shumagin.................. (610)........... 23,120 23,120} .............. ..............
Chirikof.................. (620)........... 38,840 38,840} .............. ..............
Kodiak.................... (630)........... 30,520 30,520} .............. ..............
Subtotal.............. W/C............. 92,480 92,480 .............. 134,100
WYK....................... (640)........... .............. 2,110} .............. ..............
SEO....................... (650)........... .............. 6,330} .............. ..............
Subtotal.............. E............... 8,440 8,440 .............. 12,300
---------------------------------------------------------------
Total................. ................ 100,920 100,920 .............. 146,400
===============================================================
Pacific cod \3\
W............... 29,540 23,630 18,904 ..............
C............... 53,170 42,935 34,348 ..............
E............... 1,690 1,270 1,016 ..............
---------------------------------------------------------------
Total................. ................ 84,400 67,835 54,268 134,000
Flatfish \4\ (deep water)..... W............... 240 240 .............. ..............
C............... 2,740 2,740 .............. ..............
WYK............. 1,720 1,720 .............. ..............
SEO............. 1,350 1,350 .............. ..............
---------------------------------------------------------------
Total................. ................ 6,050 6,050 .............. 8,070
Rex sole \4\.................. W............... 1,190 1,190 .............. ..............
[[Page 12097]]
C............... 5,490 5,490 .............. ..............
WYK............. 850 850 .............. ..............
SEO............. 1,620 1,620 .............. ..............
---------------------------------------------------------------
Total................. ................ 9,150 9,150 .............. 11,920
Flathead sole................. W............... 8,440 2,000 .............. ..............
C............... 15,630 5,000 .............. ..............
WYK............. 1,270 1,270 .............. ..............
SEO............. 770 770 .............. ..............
---------------------------------------------------------------
Total................. ................ 26,110 9,040 .............. 34,010
Flatfish \5\ (shallow water).. W............... 22,570 4,500 .............. ..............
C............... 19,260 12,950 .............. ..............
WYK............. 250 250 .............. ..............
SEO............. 1,070 1,070 .............. ..............
---------------------------------------------------------------
Total................. ................ 43,150 18,770 .............. 59,540
Arrowtooth flounder........... W............... 34,400 5,000 .............. ..............
C............... 155,930 25,000 .............. ..............
WYK............. 13,260 2,500 .............. ..............
SEO............. 13,520 2,500 .............. ..............
---------------------------------------------------------------
Total................. ................ 217,110 35,000 .............. 308,880
Sablefish \6\................. W............... 1,820 1,820 .............. ..............
C............... 5,590 5,590 .............. ..............
WYK............. .............. 2,090} .............. ..............
SEO............. .............. 3,200} .............. ..............
Subtotal.............. E............... 5,290 5,290 .............. ..............
---------------------------------------------------------------
Total................. ................ 12,700 12,700 .............. 19,720
===============================================================
Pacific ocean perch \7\....... W............... 1,850 1,850 .............. 2,610
C............... 6,760 6,760 .............. 9,520
WYK............. 820 820 .............. ..............
SEO............. 3,690 3,160 .............. ..............
Subtotal.............. E............... .............. .............. .............. 6,360
---------------------------------------------------------------
Total................. ................ 13,120 12,590 .............. 18,490
===============================================================
Short raker/rougheye \8\...... W............... 160 160 .............. ..............
C............... 970 970 .............. ..............
................ 460 460 .............. ..............
---------------------------------------------------------------
Total................. ................ 1,590 1,590 .............. 2,740
Other rockfish 9, 10.......... W............... 20 20 .............. ..............
C............... 650 650 .............. ..............
WYK............. 470 470 .............. ..............
SEO............. 4,130 4,130 .............. ..............
---------------------------------------------------------------
Total................. ................ 5,270 5,270 .............. 7,560
Northern rockfish 0, 12....... W............... 840 840 .............. ..............
C............... 4,150 4,150 .............. ..............
E............... N/A N/A .............. ..............
---------------------------------------------------------------
Total................. ................ 4,990 4,990 .............. 9,420
Pelagic shelf rockfish \13\... W............... 530 530 .............. ..............
C............... 3,370 3,370 .............. ..............
WYK............. 740 740 .............. ..............
SEO............. 240 240 .............. ..............
---------------------------------------------------------------
Total................. ................ 4,880 4,880 .............. 8,190
Thornyhead rockfish........... W............... 260 260 .............. ..............
C............... 700 700 .............. ..............
E............... 1,030 1,030 .............. ..............
---------------------------------------------------------------
Total................. ................ 1,990 1,990 .............. 2,800
Demersal shelf rockfish \11\.. SEO............. 560 560 .............. 950
Atka mackerel................. GW.............. 600 600 .............. 6,200
[[Page 12098]]
Other \14\ species............ GW.............. N/A \15\ 14,600 .............. ..............
---------------------------------------------------------------
Total \16\............ ................ 532,590 306,535 .............. 778,890
----------------------------------------------------------------------------------------------------------------
\1\ Regulatory areas and districts are defined at Sec. 679.2.
\2\ Pollock is apportioned to three statistical areas in the combined Western/Central Regulatory Area (Table 3),
each of which is further divided into four seasonal allowances. In the Eastern Regulatory Area, pollock is not
divided into seasonal allowances.
\3\ Pacific cod is allocated 90 percent for processing by the inshore component and 10 percent for processing by
the offshore component. Component allocations are shown in Table 4.
\4\ ``Deep water flatfish'' means Dover sole, Greenland turbot, and deepsea sole.
\5\ ``Shallow water flatfish'' means flatfish not including ``deep water flatfish,'' flathead sole, rex sole, or
arrowtooth flounder.
\6\ Sablefish is allocated to trawl and hook-and-line gears (Table 2).
\7\ ``Pacific ocean perch'' means Sebastes alutus.
\8\ ``Shortraker/rougheye rockfish'' means Sebastes borealis (shortraker) and S. aleutianus (rougheye).
\9\ ``Other rockfish'' in the Western and Central Regulatory Areas and in the West Yakutat District means slope
rockfish and demersal shelf rockfish. The category ``other rockfish'' in the Southeast Outside District means
Slope rockfish.
\10\ ``Slope rockfish'' means Sebastes aurora (aurora), S. melanostomus (blackgill), S. paucispinis (bocaccio),
S. goodei (chilipepper), S. crameri (darkblotch), S. elongatus (greenstriped), S. variegates (harlequin), S.
wilsoni (pygmy), S. babcocki (redbanded), S. proriger (redstripe), S. zacentrus (sharpchin), S. jordani
(shortbelly), S. brevispinis (silvergrey), S. diploproa (splitnose), S. saxicola (stripetail), S. miniatus
(vermilion), and S. reedi (yellowmouth). In the Eastern GOA only, ``slope rockfish'' also includes northern
rockfish, S. polyspinous.
\11\ ``Demersal shelf rockfish'' means Sebastes pinniger (canary), S. nebulosus (china), S. caurinus (copper),
S. maliger (quillback), S. helvomaculatus (rosethorn), S. nigrocinctus (tiger), and S. ruberrimus (yelloweye).
\12\ ``Northern rockfish'' means Sebastes polyspinis.
\13\ ``Pelagic shelf rockfish'' means Sebastes ciliatus (dusky), S. entomelas (widow), and S. flavidus
(yellowtail).
\14\ ``Other species'' means sculpins, sharks, skates, squid, and octopus. The TAC for ``other species'' equals
5 percent of the TACs of target species.
\15\ N/A means not applicable.
\16\ The total ABC is the sum of the ABCs for target species.
2. Apportionments of Reserves
Regulations implementing the FMP require 20 percent of each TAC for
pollock, Pacific cod, flatfish, and the ``other species'' category be
set aside in reserves for possible apportionment at a later date
(Sec. 679.20(b)(2)). For the preceding 11 years, including 1998, NMFS
reapportioned all of the reserves in the final harvest specifications,
except for Pacific cod. Beginning in 1997, NMFS retained the Pacific
cod reserve. NMFS proposed reapportionment of all reserves for 1999,
except for Pacific cod, in the proposed GOA groundfish specifications
published in the Federal Register on December 30, 1998 (63 FR 71876).
NMFS received no public comments on the proposed reapportionments. For
1999, NMFS has reapportioned all of the reserve for pollock, flatfish,
and ``other species.'' NMFS is retaining the Pacific cod reserve at
this time to provide for a management buffer to account for excessive
fishing effort and/or incomplete or late catch reporting. In recent
years, unpredictable increases in fishing effort and harvests,
uncertainty of incidental catch needs in other directed fisheries
throughout the year, and untimely submission and revision of weekly
processing reports have resulted in early and late closures of the
Pacific cod fishery. NMFS believes that retention of the Pacific cod
reserve to provide for TAC management difficulties later in the year is
a conservative approach that will lead to a more orderly fishery and
provide greater assurance that incidental catch of Pacific cod may be
retained throughout the year. Specifications of TAC shown in Table 1
reflect apportionment of reserve amounts for pollock, flatfish species,
and ``other species.'' Table 1 also lists the initial TACs for Pacific
cod which reflect the withholding of the Pacific cod TAC reserve.
3. Allocations of the Sablefish TACs to Vessels Using Hook-and-Line and
Trawl Gear
Under Sec. 679.20(a)(4) (i) and (ii), sablefish TACs for each of
the regulatory areas and districts are allocated to hook-and-line and
trawl gear. In the Western and Central Regulatory Areas, 80 percent of
each TAC is allocated to hook-and-line gear and 20 percent of each TAC
is allocated to trawl gear. In the Eastern Regulatory Area, 95 percent
of the TAC is allocated to hook-and-line gear and 5 percent is
allocated to trawl gear. The trawl gear allocation in the Eastern
Regulatory Area may only be used to support incidental catch of
sablefish in directed fisheries for other target species. In
recognition of the trawl ban in the SEO District of the Eastern
Regulatory Area, the Council recommended that 90 percent of the WYK
District sablefish TAC and 100 percent of the SEO District sablefish
TAC be allocated to vessels using hook-and-line gear. This
recommendation results in an allocation of 209 mt to trawl gear and
1,881 mt to hook-and-line gear in WYK District. However, the resultant
10-percent allocation of WYK District sablefish TAC to trawl gear (209
mt) does not equal 5 percent of the combined Eastern GOA TACs (265 mt)
as required at Sec. 679.20(a)(4)(i). Therefore, NMFS is adjusting the
allocation of sablefish TAC in the WYK District by allocating 1,825 mt
of the sablefish TAC to hook-and-line gear and 265 mt of the sablefish
TAC to trawl gear. Table 2 shows the allocations of the 1999 sablefish
TACs between hook-and-line and trawl gear.
[[Page 12099]]
Table 2.--1999 Sablefish TAC Specifications in the Gulf of Alaska and Allocations Thereof to Hook-And-Line and
Trawl Gear
[Values are in metric tons]
----------------------------------------------------------------------------------------------------------------
Hook-and-line Trawl
Area/district TAC apportionment apportionment
----------------------------------------------------------------------------------------------------------------
Western......................................................... 1,820 1,456 364
Central......................................................... 5,590 4,472 1,118
West Yakutat.................................................... 2,090 1,825 265
Southeast Outside............................................... 3,200 3,200 0
-----------------------------------------------
Total....................................................... 12,700 10,953 1,747
----------------------------------------------------------------------------------------------------------------
4. Apportionments of Pollock TAC Among Regulatory Areas and Seasons,
and Allocations for Processing by Inshore and Offshore Components
In the GOA, pollock is apportioned by area and season, and is
further allocated for processing by inshore and offshore components.
Regulations at Sec. 679.20(a)(5)(ii)(A) require that the TAC for
pollock in the combined Western and Central GOA be apportioned in
proportion to the distribution of pollock biomass as determined by the
most recent NMFS surveys among the Shumagin (610), Chirikof (620), and
Kodiak (630) statistical areas. This measure was intended to provide
spatial distribution of the pollock harvest as a sea lion protection
measure. As required by the emergency rule effective January 20, 1999
(64 FR 3437, January 22, 1999) each statistical area apportionment is
further apportioned into four seasonal allowances of 30, 20, 25, and 25
percent, respectively (Sec. 679.20(a)(5)(ii)(C)). As required by
Sec. 679.23(d)(3), the A, B, C, and D season allowances are available
on January 20, June 1, September 1, and 5 days following the C season
closure, respectively. Within any fishing year, underage or overage of
a seasonal allowance may be added to or subtracted from subsequent
seasonal allowances in a manner to be determined by the Administrator,
Alaska Region, NMFS (Regional Administrator), provided that a revised
seasonal allowance does not exceed 30 percent of the annual TAC
apportionment (Sec. 679.20(a)(5)(ii)(C)). The WYK and SEO District
pollock TACs of 2,110 mt and 6,330 mt, respectively, are not allocated
seasonally.
Regulations at Sec. 679.20(a)(6)(ii) require that 100-percent of
the pollock TAC in all regulatory areas and all seasonal allowances
thereof be allocated to vessels catching pollock for processing by the
inshore component after subtraction of amounts that the Regional
Administrator projects will be caught by, or delivered to, the offshore
component incidental to directed fishing for other groundfish species.
The amount of pollock available for harvest by vessels harvesting
pollock for processing by the offshore component is that amount
actually taken as bycatch during directed fishing for groundfish
species other than pollock, up to the maximum retainable bycatch
amounts allowed under regulations at Sec. 679.20 (e) and (f). At this
time, these bycatch amounts are unknown and will be determined during
the fishing year. The distribution of pollock within the combined
Western and Central Regulatory Areas is shown in Table 3, except that
amounts of pollock for processing by the inshore and offshore component
are not shown. The emergency rule (64 FR 3437, January 22, 1999)
implementing the RPAs for the pollock fishery is effective until July
19, 1999. NMFS intends to extend this emergency rule beyond for an
additional 180 days. However, the Council may make additional
recommendations for the B and C seasons, which adhere to the biological
principals of the RPAs and would require amending these specifications.
Table 3.--Distribution of Pollock in the Western and Central Regulatory Areas of the Gulf of Alaska (W/C GOA); Biomass Distribution, Area
Apportionments, and Seasonal Allowances. ABC for the W/C GOA is 92,480 Metric Tons (mt). Biomass Distribution is Based on 1996 Survey Data. TACs are
Equal to ABC. Inshore and Offshore Allocations of Pollock are not Shown
[Values are in mt]
--------------------------------------------------------------------------------------------------------------------------------------------------------
Seasonal allowances
Statistical area Biomass 1999 ABC=TAC ---------------------------------------------------------------
percent A B C D
--------------------------------------------------------------------------------------------------------------------------------------------------------
Shumagin (610).......................................... 25 23,120 6,936 4,624 5,780 5,780
Chirikof (620).......................................... 42 38,840 11,652 7,768 9,710 9,710
Kodiak (630)............................................ 33 30,520 9,156 6,104 7,630 7,630
-----------------------------------------------------------------------------------------------
Total............................................... 100 92,480 27,744 18,496 23,120 23,120
--------------------------------------------------------------------------------------------------------------------------------------------------------
*Harvests of pollock in Shelikof Strait conservation zone, defined at Sec. 679.22(b)(3)(iii)(C) are limited to 15,857 mt during the A season.
5. Allocations for Processing of Pacific Cod TAC Between Inshore and
Offshore Components
Regulations at Sec. 679.20(a)(6)(iii) require that the TAC
apportionment of Pacific cod in all regulatory areas be allocated to
vessels catching Pacific cod for processing by the inshore and offshore
components. Ninety percent of the Pacific cod TAC in each regulatory
area is allocated to vessels catching Pacific cod for processing by the
inshore component. The remaining 10 percent of the TAC is allocated to
vessels catching Pacific cod for processing by the offshore component.
These allocations of the Pacific cod initial TAC for 1999 are shown in
Table 4. The Pacific cod reserves are not included in the table.
[[Page 12100]]
Table 4.--1999 Allocation (Metric Tons) of Pacific Cod Initial TAC Amounts in the Gulf of Alaska; Allocations
for Processing by the Inshore and Offshore Components
----------------------------------------------------------------------------------------------------------------
Component allocation
Regulatory area Initial TAC -------------------------------
Inshore (90%) Offshore (10%)
----------------------------------------------------------------------------------------------------------------
Western......................................................... 18,904 17,014 1,890
Central......................................................... 34,348 30,913 3,435
Eastern......................................................... 1,016 914 102
-----------------------------------------------
Total....................................................... 54,268 48,841 5,427
----------------------------------------------------------------------------------------------------------------
6. Pacific Halibut PSC Mortality Limits
Under Sec. 679.21(d), annual Pacific halibut PSC limits are
established and apportioned to trawl and hook-and-line gear and may be
established for pot gear.
As in 1998, the Council recommended that pot gear, jig gear, and
the hook-and-line sablefish fishery be exempted from the non-trawl
halibut limit for 1999. The Council recommended these exemptions
because of the low halibut bycatch mortality experienced in the pot
gear fisheries (13 mt in 1998) and because of the 1995 implementation
of the sablefish and halibut Individual Fishing Quota program, which
allows legal-sized halibut to be retained in the sablefish fishery.
Halibut mortality for the jig gear fleet cannot be estimated because
these vessels do not carry observers. However, halibut mortality is
assumed to be very low given the small amount of fish harvested by this
gear type (279 mt in 1998) and the assumed high survival rate of any
halibut that are incidentally taken and discarded.
As in 1998, the Council recommended a hook-and-line halibut PSC
mortality limit of 300 mt. Ten mt of this limit are apportioned to the
demersal shelf rockfish fishery in the Southeast Outside District. The
remainder is seasonally apportioned among the non-sablefish hook-and-
line fisheries as shown in Table 5.
The Council continued to recommend a trawl halibut PSC mortality
limit of 2,000 mt. The PSC limit has remained unchanged since 1989.
Regulations at Sec. 679.21(d)(3)(iii) authorize separate apportionments
of the trawl halibut PSC limit between trawl fisheries for deep-water
and shallow-water species. Regulations at Sec. 679.21(d)(5) authorize
seasonal apportionments of halibut PSC limits. For 1999, the Council
recommended delaying the release of the third seasonal apportionment of
trawl halibut PSC limits in July to facilitate inseason management of
directed trawl fisheries, particularly rockfish.
NMFS concurs with the Council's recommendations described here and
listed in Table 5. The following types of information as presented in,
and summarized from, the current SAFE report, or as otherwise available
from NMFS, Alaska Department of Fish and Game, the International
Pacific Halibut Commission (IPHC) or public testimony were considered:
(A) Estimated Halibut Bycatch in Prior Years
The best available information on estimated halibut bycatch is
based on 1998 observed halibut bycatch rates and NMFS's estimates of
groundfish catch. The calculated halibut bycatch mortality by trawl,
hook-and-line, and pot gear through December 31, 1998, is 2,023 mt, 296
mt, and 13 mt, respectively, for a total of 2,332 mt.
Halibut bycatch restrictions seasonally constrained trawl gear and
hook-and-line gear fisheries throughout 1998. Trawling for the deep-
water fishery complex was closed during the first quarter on March 10
(63 FR 12688, March 16, 1998), for the second quarter on April 21 (63
FR 20541, April 27, 1998) and for the third quarter on July 28 (63 FR
40839, July 31, 1998). The shallow-water complex was closed in the
second quarter on May 2 (63 FR 24984, May 6, 1998) and in the third
quarter on August 3 (63 FR 42281, August 7, 1998). All trawling was
closed in the fourth quarter on October 9 (63 FR 55341, October 15,
1998). The use of hook-and-line gear for groundfish other than
sablefish or demersal shelf rockfish was closed in the first seasonal
apportionment on April 18 (63 FR 19850, April 22, 1998) and for the
remainder of the year on May 26 (63 FR 29670, June 1, 1998, and 63 FR
45765, August 27, 1998).
The amount of groundfish that trawl gear and hook-and-line gear
might have harvested if halibut catch limitations had not restricted
the season in 1998, is unknown.
(B) Expected Changes in Groundfish Stocks
At its December 1998 meeting, the Council adopted higher ABCs for
Pacific cod, arrowtooth flounder, POP, and other rockfish than those
established for 1998. The Council adopted lower ABCs for pollock, deep
water flatfish, sablefish, northern rockfish, and thornyhead rockfish
than those established for 1998. More information on these changes is
included in the Final SAFE report (November 1998) and in the Council
and SSC minutes.
(C) Expected Changes in Groundfish Catch
The total of the 1999 TACs for the GOA is 306,535 mt, a decrease of
6 percent from the 1998 TAC total of 327,046 mt. Those fisheries for
which the 1999 TACs are lower than in 1998 are pollock (decreased to
100,920 mt from 124,730 mt), deep water flatfish (decreased to 6,050 mt
from 7,170 mt), sablefish (decreased to 12,700 mt from 14,120 mt),
northern rockfish (decreased to 4,990 mt from 5,000 mt), thornyhead
rockfish (decreased to 1,990 mt from 2,000 mt), and other species
(decreased to 14,600 mt from 15,570 mt). Those species for which the
1999 TACs are higher than in 1998 are Pacific cod (increased to 67,835
mt from 66,060 mt), shallow water flatfish (increased to 18,770 mt from
18,630 mt), POP (increased to 12,590 mt from 10,776 mt), and other
rockfish (increased to 5,270 mt from 2,170 mt).
(D) Current Estimates of Halibut Biomass and Stock Condition
The stock assessment for 1998 conducted by the IPHC indicates total
exploitable biomass estimates of Pacific halibut in the BSAI and GOA
management areas together to be 227,366 mt using an age-specific
estimate and 246,190 mt using a length-specific estimate from the
standardized hook-and-line survey for 1999. In the age-specific
estimate, the assumption is that the selection of fish by the survey is
based primarily on the age of the fish and reflects the availability of
fish of different ages on the grounds. In the length-specific estimate,
the assumption is that the selection of fish by the survey is based
primarily on the size of the fish,
[[Page 12101]]
because fish of different sizes are not equally vulnerable to the
survey gear.
New information used in the stock assessment in 1998 includes
updated assessment methods and results, IPHC hook-and-line surveys,
NMFS trawl survey catches of halibut, and updated information on
removals of halibut from all sources. For 1998, the assessment model
contains only one significant change from last year. The IPHC had used
an estimated rate of natural mortality of M = 0.20. This value was an
average of a wide range of estimates. Some previous IPHC studies have
employed estimates other than 0.20. The IPHC staff reviewed available
evidence in consideration of these results and due to scientific
uncertainty adopted a more conservative value of M = 0.15, a 25-percent
reduction from the previous value. The major changes in the estimates
of exploitable biomass for 1999 derive from the change in the estimate
of natural mortality, rather than from stock condition indices.
Pacific halibut biomass remains at a relatively high level but has
declined slightly in the central and southern portions of the range.
Recruitment of halibut in recent years has declined from the peak seen
in 1995, when the 1987 year class began recruiting to the fishery.
Exploitable biomass is expected to decline over the next three to five
years as this year class passes out of the exploitable stock.
Additional information on the Pacific halibut stock assessment may be
found in the SAFE report.
(E) Other Factors
The proposed 1999 specifications (63 FR 71876, December 30, 1998)
discussed potential impacts of expected fishing for groundfish on
halibut stocks, as well as methods available for, and costs of,
reducing halibut bycatch in the groundfish fisheries.
7. Fishery and Seasonal Apportionments of the Halibut PSC Limits
Under Sec. 679.21(d)(5), NMFS seasonally apportions the halibut PSC
limits based on recommendations from the Council. The FMP requires that
the Council, in recommending seasonal apportionments of halibut PSC
limits, consider: (a) Seasonal distribution of halibut, (b) seasonal
distribution of target groundfish species relative to halibut
distribution, (c) expected halibut bycatch needs on a seasonal basis
relative to changes in halibut biomass and expected catches of target
groundfish species, (d) expected bycatch rates on a seasonal basis, (e)
expected changes in directed groundfish fishing seasons, (f) expected
actual start of fishing effort, and (g) economic effects of
establishing seasonal halibut allocations on segments of the target
groundfish industry.
The final 1998 GOA groundfish and PSC specifications (63 FR 12027,
March 12, 1998) summarize Council findings with respect to each of the
FMP considerations set forth above. For 1999, the Council has
reiterated its findings with respect to these FMP considerations and
recommended that seasonal apportionments be unchanged from 1998, with
one exception. For 1999, the Council recommended that the third
seasonal apportionment of halibut PSC limits for trawl gear in the GOA
be delayed until July 11 to coincide with the seasonal apportionment of
halibut PSC limits for trawl gear in the BSAI and to facilitate
inseason management. NMFS notes that the delay in the third seasonal
apportionment until July 11 could potentially adversely affect the
results of the NMFS 1999 sablefish hook-and-line survey in the GOA.
Therefore, NMFS is adjusting the start of the third seasonal
apportionment to July 4, which will meet the Council's objective of
improving inseason management while minimizing the potential impacts of
the trawl fisheries on the NMFS sablefish survey later in July. Pacific
halibut PSC limits, and apportionments thereof, are presented in Table
5. Regulations at Sec. 679.21(d)(5)(iii) and (iv) specify that any
overages or shortfalls in a seasonal apportionment of a PSC limit will
be deducted from or added to the next respective seasonal apportionment
within the 1999 season.
Table 5.--Final 1999 Pacific Halibut PSC Limits, Allowances, and Apportionments
[The Pacific halibut PSC limit for hook-and-line gear is allocated to the demersal shelf rockfish (DSR) fishery
and fisheries other than DSR. (Values are in metric tons) The hook-and-line sablefish fishery is exempt from
halibut PSC limits.]
----------------------------------------------------------------------------------------------------------------
Trawl gear Hook-and-line gear
----------------------------------------------------------------------------------------------------------------
Other than DSR DSR
Dates Amount ------------------------------------------------------------------
Dates Amount Dates Amount
----------------------------------------------------------------------------------------------------------------
Jan 1-Mar 31................. 600 (30%) Jan 1-May 17.... 250 (86%) Jan 1-Dec 31... 10 (100%)
Apr 1-Jul 3.................. 400 (20%) May 18-Aug 31... 15 (5%)
Jul 4-Sep 30................. 600 (30%) Sep 1-Dec 31.... 25 (9%)
Oct 1-Dec 31................. 400 (20%)
----------------------------------------------------------------------------------
Total:................. 2,000 (100%) ................ 290 (100%) ............... 10 (100%)
----------------------------------------------------------------------------------------------------------------
Regulations at Sec. 679.21(d)(3)(iii) authorize apportionments of
the trawl halibut PSC limit to a deep-water species complex, comprised
of sablefish, all rockfish targets, deep-water flatfish, rex sole and
arrowtooth flounder; and a shallow-water species complex, comprised of
pollock, Pacific cod, shallow-water flatfish, flathead sole, Atka
mackerel, and ``other species''. The apportionment for these two
fishery complexes is presented in Table 6.
Table 6.--Final 1999 Apportionment of Pacific Halibut PSC Trawl Limits Between the Trawl Gear Deep-Water Species
Complex and the Shallow-Water Species Complex
(Values are in Metric Tons)
----------------------------------------------------------------------------------------------------------------
Season Shallow-water Deep-water Total
----------------------------------------------------------------------------------------------------------------
Jan. 20-Mar. 31................................................. 500 100 600
Apr. 1-Jul. 3................................................... 100 300 400
[[Page 12102]]
Jul. 4-Sep. 30.................................................. 200 400 600
-----------------------------------------------
Subtotal
Jan. 20-Sep. 30................................................. 800 800 1,600
Oct. 1-Dec. 31.................................................. .............. .............. 400
---------------
Total....................................................... .............. .............. 2,000
----------------------------------------------------------------------------------------------------------------
No apportionment between shallow-water and deep-water fishery complexes during the 4th quarter.
The Council recommended that the revised halibut discard mortality
rates recommended by the IPHC be adopted for purposes of monitoring
halibut bycatch mortality limits established for the 1999 groundfish
fisheries. NMFS concurs with the Council's recommendation. Most of the
IPHC's assumed halibut mortality rates were based on an average of
mortality rates determined from NMFS observer data collected during
1996 and 1997. For fisheries where a steady trend from 1994 to 1997
towards increasing or decreasing mortality rates was observed, the IPHC
recommended using the most recent year's observed rate. Rates for 1996
and 1997 were lacking for some fisheries, so rates from the most recent
years were used. For fisheries where insufficient mortality data are
available, the mortality rate of halibut caught in the Pacific cod
fishery for that gear type was recommended as a default rate. The
majority of the assumed mortality rates recommended for 1999 differ
slightly from those used in 1998, except for the hook-and-line Pacific
cod fishery discard mortality rate, which increased to 16 percent for
1999 from 12 percent in 1998. The Council recommended that a sector
specific discard mortality rate be used for the catcher vessel and the
catcher/processor vessel fleets in the trawl flathead sole fishery. The
recommended rates for hook-and-line targeted fisheries range from 9 to
16 percent. The recommended rates for most trawl targeted fisheries are
unchanged or lower than those used in 1998 and range from 55 to 76
percent. The recommended rate for all pot targeted fisheries is 6
percent, a decrease from that used in 1998. The 1999 assumed halibut
mortality rates are listed in Table 7.
Table 7.--1999 Assumed Pacific Halibut Mortality Rates for Vessels
Fishing in the Gulf of Alaska
[Listed values are percent of halibut bycatch assumed to be dead]
------------------------------------------------------------------------
Gear and target Mortality rate
------------------------------------------------------------------------
Hook-and-Line:
Pacific cod......................................... 16
Rockfish............................................ 9
Other species....................................... 16
Trawl:
Midwater pollock.................................... 76
Rockfish............................................ 64
Shallow-water flatfish.............................. 71
Pacific cod......................................... 66
Deep-water flatfish................................. 66
Flathead sole
Catcher vessels................................. 58
Catcher/processing vessels...................... 74
Rex sole............................................ 55
Bottom pollock...................................... 73
Atka mackerel....................................... 57
Sablefish........................................... 71
Other species....................................... 66
Pot:
Pacific cod......................................... 6
Other species....................................... 6
------------------------------------------------------------------------
Small Entity Compliance Guide
The following information satisfies the Small Business Regulatory
Enforcement Fairness Act of 1996, which requires a plain language guide
to assist small entities in complying with this rule. This rule
announces the final 1999 harvest specifications and associated
management measures for the groundfish fishery of the Gulf of Alaska.
This action affects all fishermen who participate in the GOA fishery.
NMFS will announce closures of directed fishing in the Federal Register
and in information bulletins released by the Alaska Region when the
announced TAC specifications or apportionments thereof have been
reached. Affected fishermen should keep themselves informed of such
closures.
Classification
This action is authorized under 50 CFR 679.20 and is exempt from
review under E.O. 12866.
Pursuant to section 7 of the Endangered Species Act, NMFS has
completed a consultation on the effects of the pollock and Atka
mackerel fisheries on listed species, including the Steller sea lion,
and designated critical
[[Page 12103]]
habitat. The biological opinion prepared for this consultation, dated
December 3, 1998, and revised December 16, 1998, concluded that the
pollock fisheries in the BSAI and the GOA jeopardize the continued
existence of Steller sea lions and adversely modify their designated
critical habitat. The biological opinion contains RPAs to mitigate the
adverse impacts of the pollock fisheries on Steller sea lions. Specific
measures necessary to implement the RPAs were discussed at the December
Council meeting and were implemented by NMFS through emergency
rulemaking effective January 20, 1999 (64 FR 3437, January 22, 1999),
prior to the start of the 1999 GOA pollock fishery. This final rule
establishes harvest specifications in accordance with those mitigation
measures as required by the RPAs on December 3, 1998, and revised on
December 16, 1998, for the 1999 GOA pollock fishery. The emergency rule
expires on July 19, 1999. The Council will make recommendations to NMFS
on final mitigation measures for 1999 during its June meeting, and NMFS
will promulgate subsequent rulemaking to implement all reasonable and
prudent alternatives that NMFS determines are necessary to avoid
jeopardy to the Steller sea lion and adverse modifications of its
critical habitat for the remainder of the 1999 fishing year. That
action may result in changes to the final specifications.
NMFS prepared an initial regulatory flexibility analysis (IRFA)
pursuant to the Regulatory Flexibility Act that describes the impact
the 1999 harvest specifications may have on small entities. Comments
were solicited on the IRFA, however, none were received. NMFS has
prepared a final regulatory flexibility analysis which analyzes the new
TAC levels, this is needed because the Council has recommended new TAC
amounts, based on updated survey and stock assessment information, for
the final 1999 specifications. A copy of this analysis is available
from NMFS (see ADDRESSES). Based on the number of vessels that caught
groundfish in 1997, the number of fixed gear and trawl catcher vessels
expected to be operating as small entities in the 1999 GOA groundfish
fishery is 1,242.
NMFS analyzed a range of alternative harvest levels for the GOA.
The preferred alternative would allow the GOA groundfish fisheries to
continue under final specifications set at 1999 levels until the total
allowable catch (TAC) is harvested or until the fishery is closed due
to attainment of a PSC limit, or for other management reasons. Under
the preferred alternative, the 1999 TACs would be based on the most
recent scientific information as reviewed by the Plan Teams, SSC, AP,
and Council and which includes public testimony and comment from the
October and December Council meetings and those comments sent to NMFS
on the proposed specifications. The preferred alternative also achieves
OY while preventing overfishing. Small entities would receive the
maximum benefits under this alternative, in that they will be able to
harvest target species and species groups at the highest available
level based on stock status and ecosystem concerns.
The alternative that would have the greatest immediate economic
benefit to small entities would set the sum of the TACs at the maximum
OY level. However, this alternative would not achieve the maximum long-
term benefit in that it could result in overfishing and could lead to
overfished stocks. Another alternative that was analyzed, would
implement the 1998 TAC amounts for 1999. This would not be based on the
most recent scientific information, and was also rejected.
No recordkeeping and reporting requirements are implemented with
this final action. NMFS is not aware of any other Federal rules which
duplicate, overlap or conflict with the final specifications.
The establishment of differing compliance or reporting requirements
or timetables, the use of performance rather than design standards, or
exempting affected small entities from any part of this action would
not be appropriate because of the nature of this action.
Authority: 16 U.S.C. 773 et seq. 16 U.S.C. 1801 et seq., and 16
U.S.C. 3631 et seq.
Dated: March 5, 1999.
Andrew A. Rosenberg,
Deputy Assistant Administrator for Fisheries, National Marine Fisheries
Service.
[FR Doc. 99-6028 Filed 3-8-99; 1:15 pm]
BILLING CODE 3510-22-P
