[Federal Register Volume 62, Number 95 (Friday, May 16, 1997)]
[Rules and Regulations]
[Pages 26992-26993]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-12810]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 679

[Docket No. 961107312-7021-02; I.D. 051297A]


Fisheries of the Exclusive Economic Zone Off Alaska; Greenland 
Turbot in the Aleutian Islands Subarea

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

ACTION: Modification of a closure.

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SUMMARY: NMFS issues a modification of a closure from prohibiting 
retention to closing the season for directed fishing for Greenland 
turbot in the Aleutian Islands subarea of the Bering Sea and Aleutian 
Islands management area (BSAI) by vessels using hook-and-line gear. 
This action is necessary to prevent significant discard of incidental 
catch of Greenland turbot.

DATES: Effective 1200 hrs, Alaska local time (A.l.t.), May 12, 1997, 
until 2400 hrs, A.l.t., December 31, 1997.

FOR FURTHER INFORMATION CONTACT: Mary Furuness, 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.
    In accordance with Sec. 679.25(a)(1)(i) and (a)(2)(iii), retention 
of Greenland turbot by vessels using hook-and-line gear in the Aleutian 
Islands subarea of the BSAI was prohibited to prevent the overfishing 
of the shortraker/rougheye rockfish species group. This action was 
filed for public inspection by the Office of the Federal Register on 
May 9, 1997, and scheduled for publication in the Federal Register on 
May 14, 1997. This action would produce significant discard of 
incidental catch of Greenland turbot in the sablefish Individual 
Fishing Quota fishery. In order to prevent the waste of Greenland 
turbot and prevent the overfishing of shortraker/rougheye rockfish 
species group, it is necessary to eliminate the prohibition of 
retention of Greenland turbot and substitute the closure of the season 
for directed fishing for that species.
    The Administrator, Alaska Region, NMFS (Regional Administrator), 
has determined, in accordance with Sec. 679.25(a)(1)(i), (a)(2)(i)(A) 
and (a)(2)(iii)(B), that closing the season by prohibiting directed 
fishing of Greenland turbot by vessels using hook-and-line gear will 
prevent overfishing of the shortraker/rougheye rockfish species group, 
and is the least restrictive measure to achieve this purpose. Without 
this modification, significant discard of incidental catch of Greenland 
turbot would occur by hook-and-line vessels.
    Therefore, NMFS is terminating the previous prohibition of 
retention and is closing the season for directed fishing for Greenland 
turbot by vessels using hook-and-line gear in the Aleutian Islands 
subarea of 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 significant discard of incidental catch of Greenland turbot 
in the Aleutian Islands subarea of the BSAI. A delay in the effective 
date is impracticable and contrary to the public interest. The fleet 
has not taken the 1997 TAC of Greenland turbot in the Aleutian Islands. 
Further delay would only result in discards which would disrupt the 
FMP's objective of providing sufficient Greenland turbot as bycatch to 
support other anticipated groundfish fisheries.

[[Page 26993]]

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. 679.25 and is exempt from review 
under E.O. 12866.

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

    Dated: May 12, 1997.
Bruce C. Morehead,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 97-12810 Filed 5-12-97; 4:57 pm]
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