[Federal Register Volume 62, Number 134 (Monday, July 14, 1997)]
[Rules and Regulations]
[Page 37523]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-18325]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 679

[Docket No. 961107312-7021-02; I.D. 070397E]


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

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

ACTION: Change in recordkeeping and reporting requirements.

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SUMMARY: NMFS has determined that Daily Production Reports (DPRs) must 
be submitted by operators of processor vessels that catch or receive 
shortraker/rougheye rockfish and shoreside processing facilities that 
receive shortraker/rougheye rockfish in the Aleutian Islands subarea of 
the Bering Sea and Aleutian Islands management area (BSAI). This action 
is necessary to prevent further mortality beyond the total allowable 
catch (TAC) and potential overfishing of shortraker/rougheye rockfish 
in that area.

DATES: Effective 1200 hrs, Alaska local time (A.l.t.), July 8, 1997, 
through 2400 hrs, A.l.t., December 31, 1997.

FOR FURTHER INFORMATION CONTACT: Andrew N. 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 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) and the acceptable biological catch and the TAC as 938 mt. As 
of June 21, 1997, 1,182 mt of shortraker/rougheye rockfish have been 
caught.
    Although retention of shortraker/rougheye rockfish was prohibited 
and several fisheries were closed to prevent overfishing of shortraker/
rougheye rockfish (See 62 FR 16736, April 5, 1997; 62 FR 20129, April 
25, 1997; 62 FR 26429, May 14, 1997), bycatch and discard continue to 
occur in fisheries still open.
    Pursuant to Sec. 679.5(j) the Administrator, Alaska Region, NMFS 
(Regional Administrator) is requiring operators of processor vessels 
that catch or receive shortraker/rougheye rockfish and shoreside 
processing facilities that receive shortraker/rougheye rockfish in the 
Aleutian Islands subarea of the BSAI to submit DPRs in addition to 
Weekly Production Reports.
    These requirements are necessary to prevent further mortality 
beyond the TAC and potential overfishing of shortraker/rougheye 
rockfish in the Aleutian Islands subarea of the BSAI. The Regional 
Administrator is doing so in consideration of the potential for 
exceeding the overfishing level of shortraker/rougheye rockfish in the 
Aleutian Islands subarea of the BSAI.
    DPRs must include all information required by Sec. 679.5(j)(4) for 
groundfish harvested from the applicable reporting areas. Processors 
must submit the required information on the ``Alaska Groundfish 
Processor Daily Production Report'' form that was distributed to 
participants in the groundfish fishery with their 1997 Federal 
fisheries permit. The form also may be obtained from the Regional 
Administrator by calling Mary Furuness at 907-586-7228. Processors must 
transmit completed DPRs to the Regional Administrator by facsimile 
transmission at 907- 586-7131, no later than 12 hours after the end of 
the day the groundfish was processed. The collection of this 
information has been approved by the Office of Management and Budget, 
OMB Control Number 0648-0213.
    Notwithstanding any other provision of law, no person is required 
to respond nor shall a person be subject to the requirements of the 
Paperwork Reduction Act, unless that collection of information displays 
a currently valid OMB Control Number.
    This action responds to the best available information recently 
obtained from the fishery. It must be implemented immediately to 
prevent overharvesting shortraker/rougheye rockfish in the Aleutian 
Islands subarea of the BSAI. A delay in the effective date is 
impracticable and contrary to public interest. Further delay without 
DPRs could result in industry's reaching the overfishing level for this 
species group. 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.
    This action is required by 50 CFR 679.20 and is exempt from review 
under E.O. 12866.

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

    Dated: July 8, 1997.
Bruce Morehead,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 97-18325 Filed 7-8-97; 5:02 pm]
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