Fishery conservation and management: Alaska; fisheries of Exclusive Economic Zone— Pacific cod and pollock,

[Federal Register: January 25, 1999 (Volume 64, Number 15)]

[Rules and Regulations]

[Page 3658-3659]

From the Federal Register Online via GPO Access [wais.access.gpo.gov]

[DOCID:fr25ja99-11]

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 679

[Docket No. 981222314-8321-02; I.D. 012099B]

Fisheries of the Exclusive Economic Zone Off Alaska; Pacific cod and pollock in the Gulf of Alaska

AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce.

[[Page 3659]]

ACTION: Closure.

SUMMARY: NMFS is prohibiting directed fishing for Pacific cod and pollock by vessels catching these species for processing by the offshore component in the Gulf of Alaska (GOA). This action is necessary to prevent exceeding the 1999 interim total allowable catch (TAC) of Pacific cod and pollock allocated to vessels catching these species for processing by the offshore component in the GOA.

DATES: Effective 1200 hrs, Alaska local time (A.l.t.), January 20, 1999, until 2400 hrs, A.l.t., December 31, 1999.

FOR FURTHER INFORMATION CONTACT: Mary Furuness, 907-586-7228.

SUPPLEMENTARY INFORMATION: NMFS manages the groundfish fishery in the GOA exclusive economic zone according to the Fishery Management Plan for Groundfish of the Gulf of Alaska (FMP) prepared by the North Pacific Fishery Management Council under authority of the Magnuson- Stevens Fishery Conservation and Management Act. Regulations governing fishing by U.S. vessels in accordance with the FMP appear at subpart H of 50 CFR part 600 and 50 CFR part 679.

In accordance with Sec. 679.20(d), if the Administrator, Alaska Region, NMFS (Regional Administrator), determines that the amount of a target species or ``other species'' category apportioned to a fishery will be reached, the Regional Administrator may establish a directed fishing allowance for that species or species group. If the Regional Administrator establishes a directed fishing allowance, and that allowance is or will be reached before the end of the fishing year, NMFS will prohibit directed fishing for that species or species group in the specified GOA Regulatory Area or district (Sec. 697.20(d)(1)(iii)).

NMFS published interim 1999 harvest specifications for the GOA groundfish fisheries (64 FR 46, January 4, 1999). A final rule authorizing the inshore/offshore allocation of GOA Pacific cod and pollock was filedwith the Office of the Federal Register, January 20, 1999, and became effective January 20, 1999. The Regional Administrator has determined that the following interim Pacific cod TAC amounts for the GOA offshore component will be reached and are necessary as incidental catch to support other anticipated groundfish fisheries prior to the time that final specifications for groundfish are likely to be in effect for the 1999 fishing year:

Pacific cod, offshore component

Western Regulatory Area 436 metric tons

Central Regulatory Area 834 metric tons

Eastern Regulatory Area 23 metric tons

Consequently, in accordance with Sec. 679.20(d)(i), the Regional Administrator establishes these interim TAC amounts as directed fishing allowances. Further, the Regional Administrator finds that these directed fishing allowances will be reached before the end of the year. NMFS is prohibiting directed fishing for Pacific cod by vessels catching these species for processing by the offshore component in the Gulf of Alaska in accordance with Sec. 679.20(d). These closures will be in effect beginning at 1200 hours, A.l.t., January 20, 1999, until superseded by the Final 1999 Initial Harvest Specifications for Groundfish. Under the final rule implementing the GOA inshore/offshore allocations, 0 metric tons of pollock are allocated to the offshore directed fishery for this species. Therefore, in accordance with Sec. 679.20(d), NMFS is prohibiting directed fishing for pollock by vessels catching pollock for processing by the offshore component in the Gulf of Alaska. These closures will be in effect beginning at 1200 hours, A.l.t., January 20, 1999, until superseded by the notice of Final 1999 Initial Harvest Specifications for Groundfish.

Maximum retainable bycatch amounts may be found in the regulations at Sec. 679.20(e) and (f).

Classification

This action responds to the best available information recently obtained from the fishery. It must be implemented immediately to prevent overharvesting the interim 1999 TAC of Pacific cod and pollock allocated to vessels catching these species for processing by the offshore component in the GOA. A delay in the effective date is impracticable and contrary to the public interest, and further delay would only result in overharvest. NMFS finds for good cause that the implementation of this action should not be delayed for 30 days. Accordingly, under 5 U.S.C. 553(d), a delay in the effective date is hereby waived.

This action is required by Sec. 679.20 and is exempt from review under E.O. 12866.

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

Dated: January 20, 1999. Gary C. Matlock, Director, Office of Sustainable Fisheries, National Marine Fisheries Service.

[FR Doc. 99-1644Filed1-20-99; 4:27 pm]

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