[Federal Register Volume 62, Number 118 (Thursday, June 19, 1997)]
[Rules and Regulations]
[Page 33375]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-16102]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 679

[Docket No. 961107312-7021-02; I.D. 061697A]


Fisheries of the Exclusive Economic Zone Off Alaska; Yellowfin 
Sole by 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 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 third 
seasonal apportionment of the 1997 Pacific halibut bycatch allowance 
specified for the trawl yellowfin sole fishery category.

EFFECTIVE DATE: 1200 hrs, Alaska local time (A.l.t.), June 16, 1997, 
until 1200 hrs, A.l.t., August 15, 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.
    The third seasonal apportionment of the 1997 Pacific halibut 
bycatch allowance specified for the trawl yellowfin sole fishery in the 
BSAI, which is defined at Sec. 679.21(e)(3)(iv)(B)(1), was established 
by the Final 1997 Harvest Specifications of Groundfish for the BSAI (62 
FR 7168, February 18, 1997) as 100 metric tons.
    In accordance with Sec. 679.21(e)(7)(iv), the Administrator, Alaska 
Region, NMFS (Regional Administrator), has determined that the third 
seasonal apportionment of the 1997 Pacific halibut bycatch allowance 
specified for the trawl yellowfin sole fishery in the BSAI has been 
caught. Consequently, NMFS is prohibiting directed fishing for 
yellowfin sole by 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 third seasonal apportionment of the 1997 
Pacific halibut bycatch allowance specified for the trawl yellowfin 
sole fishery category. A delay in the effective date is impracticable 
and contrary to the public interest. The fleet has already taken the 
third seasonal apportionment of the 1997 Pacific halibut bycatch 
allowance. 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: June 16, 1997.
Gary C. Matlock,
Director, Office of Sustainable Fisheries, National Marine Fisheries 
Service.
[FR Doc. 97-16102 Filed 6-16-97; 3:06 pm]
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