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

[Federal Register: November 19, 1999 (Volume 64, Number 223)]

[Rules and Regulations]

[Page 63259-63260]

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

[DOCID:fr19no99-21]

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 679

[Docket No. 990304063-9063-01; I.D. 111299B]

Fisheries of the Exclusive Economic Zone Off Alaska; Pacific Cod by Vessels Using Trawl Gear in the Bering Sea and Aleutian Islands.

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

ACTION: Modification of a closure.

SUMMARY: NMFS is opening directed fishing for Pacific cod by vessels using

[[Page 63260]]

trawl gear in the Bering Sea and Aleutian Islands management area (BSAI). This action is necessary to fully utilize the 1999 halibut bycatch mortality allowance specified for the trawl Pacific cod fishery.

DATES: Effective 1200 hours, Alaska local time (A.l.t.), November 16, 1999, until 2400 hrs. A.l.t., December 31, 1999, or until NMFS publishes further notice in the Federal Register.

FOR FURTHER INFORMATION CONTACT: Andrew Smoker, 907-586-7228.

SUPPLEMENTARY INFORMATION: NMFS manages the groundfish fishery in the BSAI according to the Fishery Management Plan for the Groundfish Fishery of the Bering Sea and Aleutian Islands Area (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.

The Final 1999 Harvest Specifications of Groundfish (64 FR 12103, March 11, 1999) established the halibut bycatch mortality allowance specified for the BSAI trawl Pacific cod fishery, which is defined at Sec. 679.21(e)(3)(iv)(E), as 1,473 metric tons (mt).

On October 18, 1999, the fishery for Pacific cod by vessels using trawl gear in the BSAI was closed to directed fishing under Sec. 679.21(e)(7)(v), to maintain the halibut bycatch mortality within the specified allowance, (64 FR 56473, October 20, 1999). NMFS since has determined that as of November 6, 1999, 49 mt of halibut mortality remain in the 1999 halibut bycatch mortality allowance specified for the trawl Pacific cod fishery.

Therefore, NMFS is terminating the previous closure and is opening directed fishing for Pacific cod by vessels using trawl gear in the BSAI.

Classification

All other closures remain in full force and effect. This action responds to the best available information recently obtained from the fishery. It must be implemented immediately in order to fully utilize the 1999 halibut bycatch mortality allowance specified for the trawl Pacific cod. Providing prior notice and opportunity for public comment for this action is impracticable and contrary to the public interest. Further delay would only disrupt the FMP objective of utilizing the halibut bycatch mortality allowance to provide Pacific cod TAC for harvest. NMFS finds for good cause that the implementation of this action cannot 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: November 15, 1999. Bruce C. Morehead, Acting Director, Office of Sustainable Fisheries, National Marine Fisheries Service.

[FR Doc. 99-30228Filed11-16-99; 1:21 pm]

BILLING CODE 3510-22-F