[Code of Federal Regulations] [Title 50, Volume 4] [Revised as of October 1, 2002] From the U.S. Government Printing Office via GPO Access [CITE: 50CFR679.22] [Page 670-674] TITLE 50--WILDLIFE AND FISHERIES DEPARTMENT OF COMMERCE PART 679--FISHERIES OF THE EXCLUSIVE ECONOMIC ZONE OFF ALASKA--Table of Contents Subpart B--Management Measures Sec. 679.22 Closures. (a) BSAI--(1) Zone 1 (512) closure to trawl gear. No fishing with trawl gear is allowed at any time in reporting Area 512 of Zone 1 in the Bering Sea subarea. (2) Zone 1 (516) closure to trawl gear. No fishing with trawl gear is allowed at any time in reporting Area 516 of Zone 1 in the Bering Sea Subarea during the period March 15 through June 15. (3) Red King Crab Savings Area (RKCSA). Directed fishing for groundfish by vessels using trawl gear other than pelagic trawl gear is prohibited at all times, except as provided at Sec. 679.21(e)(3)(ii)(B), in that part of the Bering Sea subarea defined as RKCSA in Figure 11 to this part. (4) Walrus protection areas. From April 1 through September 30 of any fishing year, vessels with a Federal fisheries permit under Sec. 679.4 are prohibited in that part of the Bering Sea subarea between 3 and 12 nm seaward of the baseline used to measure the territorial sea around islands named Round Island and The Twins, as shown on National Ocean Survey Chart 16315, and around Cape Pierce (58 deg.33[min] N. lat., 161 deg.43[min] W. long.). (5) Catcher Vessel Operational Area (CVOA). The CVOA is defined as that part of the BSAI that is south of 56 deg.00' N. lat. and between 163 deg.00' W. long. and 167 deg.30' W. long. (Figure 2 to part 679). (i) Effective time period. The CVOA is established annually during the B season, defined at Sec. 679.23(e)(2)(I)(B), from September 1 until the date that NMFS closes the B season allocation for the inshore component in the BSAI to directed fishing. (ii) Offshore component in the BSAI restrictions. A catcher/ processor vessel in the offshore component is prohibited from conducting directed fishing for pollock in the CVOA unless it is operating under a CDP approved by NMFS. (iii) Fisheries other than pollock. A vessel that harvests or processes groundfish in directed fisheries for species other than pollock may operate within the CVOA consistent with the other provisions of this part. (iv) AFA catcher/processor restrictions (applicable through December 31, 2001). A catcher/processor or vessel authorized to fish for BSAI pollock under Sec. 679.4(l)(2) is prohibited from conducting directed fishing for pollock in the CVOA during the C/D pollock season defined at Sec. 679.23(e)(5)(i)(B). (6) Pribilof Island Area Habitat Conservation Zone. Trawling is prohibited at all times in the area defined in Figure 10 to this part as the Pribilof Island Area Habitat Conservation Zone. (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 to 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 to this part. [[Page 671]] (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 to 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 to 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 to part 226 of this title) 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 have 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. A CDQ group is prohibited from exceeding the percentage of the annual Atka mackerel CDQ for Steller sea lion critical habitat in the Western and/or Central Districts of the AI specified at paragraph (a)(8)(iii)(B) of this section (see Table 1, Table 2, and Figure 4 to part 226 of this title). (9) Nearshore Bristol Bay Trawl Closure. Directed fishing for groundfish by vessels using trawl gear in Bristol Bay, as described in the current edition of NOAA chart 16006, is closed at all times in the area east of 162 deg.00[min] W. long., except that the Nearshore Bristol Bay Trawl Area defined in Figure 12 to this part is open to trawling from 1200 hours A.l.t., April 1 to 1200 hours A.l.t., June 15 of each year. (10) Chum Salmon Savings Area. Trawling is prohibited from August 1 through August 31 in the Chum Salmon Savings Area defined at Figure 9 to this part (see also Sec. 679.21(e)(7)(vii)). (11) Steller sea lion protection areas, Bering Sea subarea (applicable through July 8, 2002)--(i) Bogoslof area--(A) Boundaries. The Bogoslof area consists of all waters of area 518 as described in Figure 1 of this part south of a straight line connecting 55 deg.00[min] N lat./170 deg.00[min] W long., and 55 deg.00[min] N lat./ 168 deg.11[min]4.75[sec] W long.; (B) Fishing prohibition. All waters within the Bogoslof area are closed to directed fishing for pollock, Pacific cod, and Atka mackerel by federally permitted vessels, except as provided in paragraph (a)(11)(i)(C) of this section. (C) Bogoslof Pacific cod exemption area. (1) All catcher vessels less than 60 ft (18.3 m) LOA using jig or hook-and-line gear for directed fishing for Pacific cod are exempt from the Pacific cod fishing prohibition as described in paragraph (a)(11)(i)(B) of this section in the portion of the Bogoslof area south of a line connecting a point that is 3 nm north of Bishop Point (54 deg.01[min]25[sec] N lat./166 deg. 57'00'' W long.) to Cape Tanak (53 deg.33[min]50[sec] N lat./ 168 deg.00[min]00[sec] W long.), not including waters of the Bishop Point Pacific cod fishing closures as described in Table 23 of this part. (2) If the Regional Administrator determines that 113 mt of Pacific cod has been caught by catcher vessels less than 60 ft (18.3 m) LOA using jig or hook-and-line gear in the exemption area described in paragraph (a)(11)(i)(C)(1) of this section, the Regional Administrator will prohibit directed fishing for Pacific cod by catcher vessels less than 60 ft (18.3 m) LOA using jig or hook-and-line gear in the exemption area by notification published in the Federal Register. (ii) Bering Sea Pollock Restriction Area--(A) Boundaries. The Bering Sea Pollock Restriction Area consists of all waters of the Bering Sea subarea south of a line connecting the points 163 deg.0[min]00[sec] [[Page 672]] W long./55 deg.46[min]30[sec] N lat., 165 deg.08[min]00[sec] W long./ 54 deg.42[min]9[sec] N lat., 165 deg.40[min]00[sec] W long./ 54 deg.26[min]30[sec] N lat., 166 deg.12[min]00[sec] W long./ 54 deg.18[min]40[sec] N lat., and 167 deg.0[min]00[sec] W long./ 54 deg.8[min]50[sec] N lat. (B) Fishing prohibition. All waters within the Bering Sea Pollock Restriction Area are closed to directed fishing for pollock by federally permitted vessels during the A season, as defined at Sec. 679.23(e)(5). (iii) Groundfish closures. Directed fishing for groundfish by federally permitted vessels is prohibited within 3 nm of selected sites. These sites are listed in Table 21 of this part and are identifiable by ``Bering Sea'' in column 2. (iv) Pollock closures. Directed fishing for pollock by federally permitted vessels is prohibited within pollock no fishing zones around selected sites. These sites are listed in Table 22 of this part and are identifiable by ``Bering Sea'' in column 2. (v) Pacific cod closures. Directed fishing for Pacific cod by federally permitted vessels using trawl, hook-and-line, or pot gear is prohibited within the Pacific cod no fishing zones around selected sites. These sites and gear types are listed on Table 23 of this part and are identifiable by ``BS'' in column 2. (vi) Atka mackerel closures. Directed fishing for Atka mackerel by federally permitted vessels using trawl gear is prohibited within Atka mackerel no fishing zones around selected sites. These sites are listed in Table 24 of this part and are identifiable by ``Bering Sea'' in column 2. (vii) Steller sea lion conservation area (SCA). (A) General. When the Regional Administrator announces, by notification in the Federal Register, that the criteria set out in paragraph (a)(11)(vii)(C) of this section have been met by one or more industry component(s) made of vessels catching pollock for processing by the inshore component, catcher/processors in the offshore component, motherships in the offshore component, or directed fishing for pollock CDQ; directed fishing for pollock by that industry component(s) is prohibited within the SCA until April 1. (B) Boundaries. The SCA consists of the area of the Bering Sea subarea between 170 deg.00[min] W long. and 163 deg.00[min] W long., south of straight lines connecting the following points in the order listed: 55 deg.00[min] N lat., 170 deg.00[min] W long.; 55 deg.00[min] N lat., 168 deg.00[min] W long.; 55 deg.30[min] N lat., 168 deg.00[min] W long.; 55 deg.30[min] N lat., 166 deg.00[min] W long.; 56 deg.00[min] N lat., 166 deg.00[min] W long.; and, 56 deg.00[min] N lat., 163 deg.00[min] W long. (C) Criteria for closure--(1) General. The directed fishing closures identified in paragraph (a)(11)(vii)(A) of this section will take effect when the Regional Administrator determines that the harvest limit for pollock within the SCA, as specified in Sec. 679.20(a)(5)(i)(F)(1) is reached before April 1. The Regional Administrator will close the directed pollock fishery in the SCA by notification published in the Federal Register. (2) Inshore catcher vessels greater than 99 ft (30.2 m) LOA. The Regional Administrator will prohibit directed fishing for pollock to vessels greater than 99 ft (30.2 m) LOA, catching pollock for processing by the inshore component before reaching the inshore SCA harvest limit before April 1 to accommodate fishing by vessels less than or equal to 99 ft (30.2 m) inside the SCA until April 1. The Regional Administrator will estimate how much of the inshore seasonal allowance is likely to be harvested by catcher vessels less than or equal to 99 ft (30.2 m) LOA and reserve a sufficient amount of the inshore SCA allowance to accommodate fishing by such vessels after the closure of the SCA to inshore vessels greater than 99 ft (30.2 m) LOA. The Regional Administrator will prohibit directed fishing for all inshore catcher vessels within the SCA when the harvest limit specified in Sec. 679.20(a)(5)(i)(F) has been met before April 1. (12) Steller sea lion protection areas, Aleutian Islands subarea (applicable through July 8, 2002)--(i) Seguam Foraging area. (A) The Seguam foraging area is established as all waters within the area between 52 deg. N lat. and 53 deg. N lat. and between 173 deg.30[min] W long. and 172 deg.30[min] W long. (B) Directed fishing for pollock, Pacific cod, and Atka mackerel by federally permitted vessels is prohibited in the Seguam Foraging area as described [[Page 673]] in paragraph (a)(12)(i)(A) of this section. (ii) Pollock Closure. Directed fishing for pollock by federally permitted vessels is prohibited within the Aleutian Islands subarea at all times. (iii) Groundfish closures. Directed fishing for groundfish by federally permitted vessels is prohibited within 3 nm of selected sites. These sites are listed in Table 21 of this part and are identifiable by ``Aleutian Islands'' in column 2. (iv) Pacific cod closures--(A) Central and Western Aleutian Islands harvest limit area. Directed fishing for Pacific cod by federally permitted vessels using trawl gear is prohibited in the Atka mackerel harvest limit area in area 542 or area 543, as defined in Sec. 679.2, when the Atka mackerel harvest limit area directed fishery in area 542 or area 543 is open. (B) Gear specific closures. Directed fishing for Pacific cod by federally permitted vessels using trawl, hook-and-line, or pot gear is prohibited within the Pacific cod no fishing zones around selected sites. These sites and gear types are listed in Table 23 of this part and are identifiable by ``AI'' in column 2. (v) Atka mackerel closures. Directed fishing for Atka mackerel by federally permitted vessels using trawl gear is prohibited within Atka mackerel no fishing zones around selected sites. These sites are listed in Table 24 of this part and are identifiable by ``Aleutian Islands'' in column 2. (b) GOA--(1) Kodiak Island, trawls other than pelagic trawls --(i) Type I closures. No person may trawl in waters of the EEZ within the vicinity of Kodiak Island, as shown in Figure 5 to this part as Type I areas, from a vessel having any trawl other than a pelagic trawl either attached or on board. (ii) Type II closures. From February 15 to June 15, no person may trawl in waters of the EEZ within the vicinity of Kodiak Island, as shown in Figure 5 to this part as Type II areas, from a vessel having any trawl other than a pelagic trawl either attached or on board. (iii) Type III closures. Type III areas are open to any trawl other than a pelagic trawl gear year round. (2) Steller sea lion protection areas--(i) Year-round closures. Trawling is prohibited in the GOA within 10 nm of the 14 Steller sea lion rookeries designated in Table 6a to this part. (ii) Seasonal closures. During January 1 through April 15, or a date earlier than April 15, if adjusted under Sec. 679.20(d), trawling is prohibited in the GOA within 20 nm of each of the three Steller sea lion rookeries presented in Table 6b to this part. (3) Steller sea lion protection areas (applicable through July 8, 2002)--(i) Groundfish closures. Directed fishing for groundfish by federally permitted vessels is prohibited within 3 nm of selected sites. These sites are listed in Table 21 of this part and are identifiable by ``Gulf of Alaska'' in column 2. (ii) Pollock closures. Directed fishing for pollock by federally permitted vessels is prohibited within pollock no fishing zones around selected sites. These sites are listed in Table 22 of this part and are identifiable by ``Gulf of Alaska'' in column 2. (iii) Pacific cod closures. Directed fishing for Pacific cod by federally permitted vessels using trawl, hook-and-line, or pot gear in the federally managed Pacific cod or State of Alaska parallel groundfish fisheries, as defined in the Alaska Administrative Code (5 AAC 28.087(c), January 3, 2002), is prohibited within Pacific cod no fishing zones around selected sites. These sites and gear types are listed in Table 23 of this part and are identifiable by ``GOA'' in column 2. (iv) Atka mackerel closure. Directed fishing for Atka mackerel by federally permitted vessels within the Gulf of Alaska is prohibited at all times. (4) Southeast Outside District, gear other than nontrawl. Use of any gear other than nontrawl gear is prohibited at all times in Southeast Outside District defined at Figure 3 to this part. (5) [Reserved] (6) Chiniak Gully Research Area (applicable through July 8, 2002)-- (i) Description of Chiniak Gully Research Area. The Chiniak Gully Research Area is defined as that part of Statistical Area 630 bounded by straight lines connecting the coordinates in the order listed: 57.81 deg. N lat., 152.37 deg. W long.; 57.81 deg. N lat., 151.85 deg. W long.; 57.22 deg. N lat., 150.64 deg. [[Page 674]] W long.; 56.98 deg. N lat., 151.27 deg. W long.; 57.62 deg. N lat., 152.16 deg. W long.; and hence counterclockwise along the shoreline of Kodiak Island to 57.81 deg. N lat., 152.37 deg. W long. (ii) Closure. (A) The Chiniak Gully Research Area is closed to federally permitted vessels using trawl gear from August 1 to a date no later than September 20, except that trawl gear may be tested in the manner described at Sec. 679.24(d)(2) in the Kodiak Test Area defined at Sec. 679.24(d)(4)(i) and illustrated in Figure 7 to this part. (B) Prior to September 20, the Regional Administrator may publish notification in the Federal Register rescinding the trawl closure in the Chiniak Gully Research Area described in paragraph (b)(6)(ii)(A) of this section. (c) Directed fishing closures. See Sec. 679.20(d) and Sec. 679.20(i). (d) Groundfish as prohibited species closures. See Sec. 679.20(d). (e) Overfishing closures. See Sec. 679.20(d). (f) Prohibited species closures. See Sec. 679.21. (g) [Reserved] (h) CDQ fisheries closures. See Sec. 679.7(d)(6) through (10) for time and area closures that apply to the CDQ fisheries once salmon and crab PSQ amounts have been reached. (i) Forage fish closures. See Sec. 679.20(i)(3). [61 FR 31230, June 19, 1996, as amended at 61 FR 65988, Dec. 16, 1996; 62 FR 2046, Jan. 15, 1997; 63 FR 13011, Mar. 17, 1998; 63 FR 30401, June 4, 1998; 63 FR 38502, July 17, 1998; 63 FR 47367, Sept. 4, 1998; 64 FR 3451, Jan. 22, 1999; 64 FR 3658, Jan. 25, 1999; 64 FR 61970, 61982, Nov. 15, 1999; 65 FR 49769, Aug. 15, 2000; 65 FR 61267, Oct. 17, 2000; 65 FR 67308, Nov. 9, 2000; 65 FR 79785, Dec. 20, 2000; 67 FR 1002, Jan. 8, 2002; 67 FR 4148, Jan. 28, 2002; 67 FR 21605, May 1, 2002] Effective Date Note: At 67 FR 1002, Jan. 8, 2002, Sec. 679.22 was amended by suspending paragraphs (a)(5)(i) through (iii), (a)(7), (a)(8), and (b)(2) until July 8, 2002. At 67 FR 34860, May 16, 2002, the effective date was extended through Dec. 31, 2002. Paragraph (a)(5)(iv) was added, effective Jan. 1, 2002. For the convenience of the user the added text follows: Sec. 679.22 Closures. (a) * * * (5) * * * (iv) Catcher/processor restrictions (applicable through July 8, 2002). A catcher/processor vessel authorized to fish for BSAI pollock under Sec. 679.4 is prohibited from conducting directed fishing for pollock in the CVOA during the pollock B season defined at Sec. 679.23(e)(5)(ii), unless it is operating under a CDP approved by NMFS. * * * * * Editorial Note: At 67 FR 4148, Jan. 28, 2002, Sec. 679.22 was amended by revising the phrase ``SCA'' to read ``SCA (see Figure 20 to this part'' in paragraph (a)(11)(iv)(B) introductory text, revising the phrase ``defined at Sec. 679.23(d)(3) of this part'' to read ``defined at Sec. 679.23 and Figure 20 of this part,'' in paragraph (b)(3)(iii)(A) and the phrase ``Shelikof Strait conservation area'' to read ``Shelikof Strait conservation area (see Figure 19 to this part'' in paragraph (b)(3)(iii)(B) introductory text. However, paragraphs (a)(11)(iv)(B) introductory text, (b)(3)(iii)(A) and (B) introductory text do not exist.