[Federal Register Volume 62, Number 131 (Wednesday, July 9, 1997)]
[Rules and Regulations]
[Page 36739]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-17914]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 679

[Docket No. 961107312-7021-02; I.D. 070197C]


Fisheries of the Exclusive Economic Zone Off Alaska; Greenland 
Turbot in the Bering Sea Subarea of 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 prohibiting directed fishing for Greenland turbot in 
the Bering Sea subarea of the Bering Sea and Aleutian Islands 
management area (BSAI). This action is necessary to prevent exceeding 
the 1997 total allowable catch (TAC) of Greenland turbot in this area.

DATES: Effective 1200 hrs, Alaska local time (A.l.t.), May 19, 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. processors is governed by regulations 
implementing the FMP at subpart H of 50 CFR part 600 and 50 CFR part 
679.
    The initial TAC of Greenland turbot for the Bering Sea subarea of 
the BSAI was established by the Final 1997 Harvest Specifications of 
Groundfish for the BSAI (62 FR 7168, February 18, 1997) as 5,125 metric 
tons (mt). See Sec. 679.20(c)(3)(iii). To date, NMFS has not 
apportioned to the initial TAC of Greenland turbot for the Bering Sea 
subarea (or Aleutian Islands subarea as appropriate) an amount from the 
BSAI reserve. Therefore, for purposes of this action, the initial TAC 
as specified in the final harvest specifications is the final TAC.
    In accordance with Sec. 679.20(d)(1)(i), the Administrator, Alaska 
Region, NMFS (Regional Administrator), determined that the TAC of 
Greenland turbot specified for the Bering Sea subarea of the BSAI would 
be reached. Therefore, the Regional Administrator established a 
directed fishing allowance of 3,325 mt, and set aside the remaining 
1,800 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 was reached. Consequently, 
NMFS is prohibiting directed fishing for Greenland turbot in the Bering 
Sea 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 obtained 
from the fishery. It must be implemented in order to prevent 
overharvesting the 1997 TAC of Greenland turbot in the Bering Sea 
subarea of the BSAI. A delay in the effective date is impracticable and 
contrary to the public interest. The fleet has taken the 1997 TAC of 
Greenland turbot in the Bering Sea subarea. Further delay could result 
in overharvest, which would disrupt the FMP's objective of providing 
sufficient Greenland turbot as bycatch to support other anticipated 
groundfish fisheries. 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. The 
affected fishery was provided notice by news release of a closure 1200 
hrs, A.l.t., May 19, 1997, until 2400, A.l.t., December 31, 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: July 2, 1997.
Bruce Morehead,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 97-17914 Filed 7-8-97; 8:45 am]
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