Fishery conservation and management: Alaska; fisheries of Exclusive Economic Zone Bering Sea and Aleutian Islands groundfish,
[Federal Register: December 3, 1998 (Volume 63, Number 232)]
[Rules and Regulations]
[Page 66768]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr03de98-22]
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
[Docket No. 971208298-8055-02; I.D. 113098A]
Fisheries of the Exclusive Economic Zone Off Alaska; Yellowfin Sole Fishery by Vessels Using Trawl Gear in Bering Sea and Aleutian Islands
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce.
ACTION: Closure.
SUMMARY: NMFS is closing directed fishing for yellowfin sole by vessels using trawl gear in the Bering Sea and Aleutian Islands management area (BSAI). This action is necessary to prevent exceeding the 1998 Pacific halibut bycatch allowance specified for the trawl yellowfin sole fishery.
DATES: Effective 1200 hrs, Alaska local time (A.l.t.), November 30, until 1200 hrs, A.l.t., December 31, 1998.
FOR FURTHER INFORMATION CONTACT: Andrew Smoker, 907-586-7228.
SUPPLEMENTARY INFORMATION: NMFS manages the groundfish fishery in the BSAI exclusive economic zone 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 CFR part 679.
The prohibited species bycatch mortality allowance of halibut for the BSAI trawl yellowfin sole fishery, which is defined at Sec. 679.21(e)(3)(iv)(B)(1), was established by the Final 1998 Harvest Specifications of Groundfish (63 FR 12689, March 16, 1998) as 930 mt.
In accordance with Sec. 679.21(e)(7)(v), the Administrator, Alaska Region, NMFS (Regional Administrator), has determined that the 1998 halibut bycatch allowance specified for the trawl yellowfin sole fishery in the BSAI has been caught. Consequently, the Regional Administrator is closing directed fishing for yellowfin sole by vessels using trawl gear in the BSAI.
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 exceeding the 1998 Pacific halibut bycatch allowance of halibut specified for the trawl yellowfin sole fishery. Providing prior notice and an opportunity for public comment on this action is impracticable and contrary to the public interest. The fleet will soon take the apportionment. Further delay would only result in the 1998 Pacific halibut bycatch allowance of halibut being exceeded and disrupt the FMP's objective of limiting trawl Pacific halibut mortality. NMFS finds for good cause that the implementation of this action cannot be delayed for 30 days. Accordingly, under U.S.C. 553(d), a delay in the effective date is hereby waived.
This action is required by 50 CFR 679.21 and is exempt from review under E.O. 12866.
Authority: 16 U.S.C. 1801 et seq.
Dated: November 30, 1998. Gary C. Matlock, Director, Office of Sustainable Fisheries, National Marine Fisheries Service.
[FR Doc. 98-32190Filed11-30-98; 3:32 pm]
BILLING CODE 3510-22-F
