[Federal Register Volume 62, Number 106 (Tuesday, June 3, 1997)]
[Rules and Regulations]
[Page 30287]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-14467]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 679

[Docket No. 961107312-7021-02; I.D. 052897A]


Fisheries of the Exclusive Economic Zone Off Alaska; Shortraker 
and Rougheye Rockfish in the Aleutian Islands Subarea

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

ACTION: Inseason adjustment; request for comments.

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SUMMARY: NMFS issues an inseason adjustment prohibiting retention of 
Pacific cod in the Aleutian Islands subarea of the Bering Sea and 
Aleutian Islands management area (BSAI) by vessels using trawl gear. 
This action is necessary to prevent overfishing of the shortraker/
rougheye rockfish species group.

DATES: Effective 1200 hrs, Alaska local time (A.l.t.), May 29, 1997, 
until 2400 hrs, A.l.t., December 31, 1997. Comments must be received at 
the following address no later than 4:30 p.m., A.l.t., June 18, 1997.

ADDRESSES: Comments may be sent to Ronald J. Berg, Chief,
    Fisheries Management Division, Alaska Region, NMFS, P.O. Box 21668, 
Juneau, AK 99802-1668 [Attn. Lori Gravel], or be delivered to the 
fourth floor of the Federal Building, 709 West 9th Street, Juneau, AK.

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 (Magnuson-Stevens 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 Magnuson-Stevens Act requires that conservation and management 
measures prevent overfishing. The 1997 overfishing level for the 
shortraker/rougheye rockfish species group in the Aleutian Islands 
subarea of the BSAI is established by the Final 1997 Harvest 
Specifications for Groundfish for the BSAI (62 FR 7168, February 18, 
1997) as 1,250 metric tons (mt). The acceptable biological catch level 
for this group is 938 mt. As of May 10, 1997, 1,206 mt of shortraker/
rougheye rockfish have been caught.
    NMFS closed directed fishing for shortraker/rougheye rockfish in 
the Final 1997 Harvest Specifications of Groundfish and prohibited 
retention of shortraker/rougheye rockfish on April 2, 1997 (62 FR 
16736, April 8, 1997). Substantial trawl fishing effort will be 
directed at remaining amounts of Pacific cod in the Aleutian Islands 
subarea during 1997. These fisheries can have significant bycatch of 
shortraker/rougheye rockfish.
    The Administrator, Alaska Region, NMFS, has determined, in 
accordance with Sec. 679.25(a)(1)(i) and (a)(2)(iii), that closing the 
season by prohibiting retention of Pacific cod by vessels using trawl 
gear is necessary to prevent overfishing of the shortraker/rougheye 
rockfish species group, and is the least restrictive measure to achieve 
that purpose. Without this prohibition of retention, significant 
incidental catch of shortraker/rougheye rockfish would occur by trawl 
vessels targeting Pacific cod.
    Therefore, NMFS is requiring that further catches of Pacific cod by 
vessels using trawl gear in the Aleutian Islands subarea of the BSAI be 
treated as prohibited species in accordance with Sec. 679.21(b)(2).
    The Assistant Administrator for Fisheries, NOAA, finds for good 
cause that providing prior notice and public comment or delaying the 
effective date of this action is impracticable and contrary to the 
public interest. Immediate effectiveness is necessary to prevent 
overfishing of shortraker/rougheye rockfish in the Aleutian Islands 
subarea of the BSAI. Under Sec. 679.25(c)(2), interested persons are 
invited to submit written comments on this action to the above address 
until June 18, 1997.

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: May 28, 1997.
Bruce Morehead,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 97-14467 Filed 5-29-97; 4:26 pm]
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