[Federal Register Volume 62, Number 85 (Friday, May 2, 1997)]
[Rules and Regulations]
[Page 24058]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-11472]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 670

[Docket No. 961107312-7021-02; I.D. 042897A]


Fisheries of the Exclusive Economic Zone Off Alaska; Pacific Cod 
by Catcher 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: Closure.

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SUMMARY: NMFS is closing directed fishing for Pacific cod by catcher 
vessels using trawl gear in the Bering Sea and Aleutian Islands 
management area (BSAI). This action is necessary to prevent exceeding 
the portion of the 1997 total allowable catch (TAC) of Pacific cod 
allocated to catcher vessels using trawl gear in this area.

EFFECTIVE DATE: 1200 hrs, Alaska local time (A.l.t.), April 29, 1997, 
through 2400 hrs, A.l.t., December 31, 1997.

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

SUPPLEMENTARY INFORMATION: The groundfish fishery in the BSAI exclusive 
economic zone is managed by NMFS 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. Fishing by U.S. vessels is governed by regulations 
implementing the FMP at subpart H of 50 CFR part 600 and 50 CFR part 
679.
    The portion of the TAC of Pacific cod allocated to catcher vessels 
using trawl gear in the BSAI was established by the Final 1997 Harvest 
Specifications of Groundfish for the BSAI (62 FR 7168, February 18, 
1997) as 63,450 metric tons (mt). See Sec. 679.20(c)(3)(iii) and 
Sec. 679.20(a)(7)(i)(B).
    In accordance with Sec. 679.20(d)(1)(i), the Administrator, Alaska 
Region, NMFS (Regional Administrator), has determined that the portion 
of the TAC of Pacific cod allocated to catcher vessels using trawl gear 
in the BSAI will soon be reached. Therefore, the Regional Administrator 
is establishing a directed fishing allowance of 59,450 mt, and is 
setting aside the remaining 4,000 mt as bycatch to support other 
anticipated groundfish fisheries. In accordance with 
Sec. 679.20(d)(1)(iii), the Regional Administrator finds that this 
directed fishing allowance will soon be reached. Consequently, NMFS is 
closing directed fishing for Pacific cod by catcher vessels using trawl 
gear in the BSAI.
    Maximum retainable bycatch amounts for applicable gear types may be 
found in the regulations at Sec. 679.20(e) and (f).
    This action responds to the best available information recently 
obtained from the fishery. It must be implemented immediately in order 
to prevent overharvesting the 1997 TAC of Pacific cod allocated to 
catcher vessels using trawl gear in the BSAI. A delay in the effective 
date is impracticable and contrary to the public interest. The TAC will 
soon be reached. Further delay would only result in overharvest which 
would disrupt the FMP's objective of providing sufficient Pacific cod 
to support bycatch needs in other anticipated groundfish fisheries 
throughout the year. NMFS finds for good cause that the implementation 
of this action can not be delayed for 30 days. Accordingly, under 5 
U.S.C. 553(d), a delay in the effective date is hereby waived.

Classification

    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: April 29, 1997.
Gary Matlock,
Director, Office of Sustainable Fisheries, National Marine Fisheries 
Service.
[FR Doc. 97-11472 Filed 4-29-97; 2:33 pm]
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