[Federal Register Volume 62, Number 89 (Thursday, May 8, 1997)]
[Rules and Regulations]
[Pages 25138-25139]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-12007]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 679

[Docket No. 961126334-7025-02, I.D. 050597A]


Fisheries of the Economic Exclusive Zone Off Alaska; Shallow-
Water Species Fishery by Vessels Using Trawl Gear in the Gulf of Alaska

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

ACTION: Closure.

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SUMMARY: NMFS is prohibiting directed fishing for species that comprise 
the shallow-water species fishery by vessels using trawl gear in the 
Gulf of Alaska

[[Page 25139]]

(GOA), except for vessels fishing for pollock using pelagic trawl gear 
in those portions of the GOA open to directed fishing for pollock. This 
action is necessary because the second seasonal bycatch allowance of 
Pacific halibut apportioned to the shallow-water species fishery in the 
GOA has been caught.

EFFECTIVE DATES: 1200 hrs, Alaska local time (A.l.t.), May 6, 1997, 
until 1200 hrs, A.l.t., July 1, 1997.

FOR FURTHER INFORMATION CONTACT: Thomas Pearson, 907-486-6919.

SUPPLEMENTARY INFORMATION: The groundfish fishery in the GOA exclusive 
economic zone is managed by NMFS 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. 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 prohibited species bycatch mortality allowance of Pacific 
halibut for the GOA trawl shallow-water species fishery, which is 
defined at Sec. 679.21(d)(3)(iii)(A), was established by the Final 1997 
Harvest Specifications of Groundfish for the GOA (62 FR 8179, February 
24, 1997). For the second season, the period April 1, 1997 through June 
30, 1997, the bycatch mortality allowance is 100 mt.
    In accordance with Sec. 679.21(d)(7)(i), the Administrator, Alaska 
Region, NMFS (Regional Administrator), has determined that the second 
seasonal apportionment of the 1997 Pacific halibut bycatch mortality 
allowance specified for the trawl shallow-water species fishery in the 
GOA has been caught. Consequently, NMFS is prohibiting directed fishing 
for the shallow-water species fishery by vessels using trawl gear in 
the GOA, except for vessels fishing for pollock using pelagic trawl 
gear in those portions of the GOA open to directed fishing for pollock. 
The species and species groups that comprise the shallow-water species 
fishery are: Pollock, Pacific cod, shallow-water flatfish, flathead 
sole, Atka mackerel, and ``other species''.
    Maximum retainable bycatch amounts 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 second seasonal bycatch allowance of 
Pacific halibut apportioned to the shallow-water species fishery in the 
GOA. A delay in the effective date is impracticable and contrary to the 
public interest. The fleet has already taken the second seasonal 
bycatch allowance of Pacific halibut. Further delay would only result 
in overharvest, which would disrupt the FMP's objective of apportioning 
Pacific halibut bycatch allowances throughout the year. 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.

Classification

    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: May 5, 1997.
Gary Matlock,
Director, Office of Sustainable Fisheries, National Marine Fisheries 
Service.
[FR Doc. 97-12007 Filed 5-5-97; 1:50 pm]
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