[Federal Register Volume 62, Number 136 (Wednesday, July 16, 1997)] [Rules and Regulations] [Pages 38039-38040] From the Federal Register Online via the Government Publishing Office [www.gpo.gov] [FR Doc No: 97-18723] ----------------------------------------------------------------------- DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 679 [Docket No. 961126334-7025-02; I.D. 071197A] Fisheries of the Exclusive Economic Zone Off Alaska; Pacific Ocean Perch in the Western Regulatory Area of the Gulf of Alaska AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Inseason adjustment; request for comments. ----------------------------------------------------------------------- SUMMARY: NMFS issues an inseason adjustment prohibiting retention of Pacific ocean perch and prohibiting directed fishing for groundfish by vessels using trawl gear except fishing for pollock by vessels using pelagic trawl gear in the Western Regulatory Area of the Gulf of Alaska (GOA). This action is necessary to prevent overfishing of Pacific ocean perch in the Western Regulatory Area of the GOA. DATES: Effective 1200 hrs, Alaska local time (A.l.t.), July 11, 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., July 28, 1997. ADDRESSES: Comments may be sent to Ronald J. Berg, Chief, Fisheries Management Division, Alaska Region, NMFS, P.O. Box 21668, Juneau, AK 99802, 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 GOA exclusive economic zone is managed by NMFS according to the Fishery Management Plan for Groundfish of the Gulf of Alaska (FMP) prepared by the North Pacific Fishery Management Council [[Page 38040]] 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 Pacific ocean perch in the Western Regulatory Area of the GOA was established by the Final 1997 Harvest Specifications for Groundfish of the GOA (62 FR 8179, February 24, 1997) as 2,790 metric tons (mt) and the acceptable biological catch as 1,840 mt. As of July 5, 1997, 1,961 mt of Pacific ocean perch have been caught. NMFS closed directed fishing for Pacific ocean perch on July 3, 1997 (62 FR 36740, July 9, 1997). Substantial trawl fishing effort will be directed at remaining amounts of groundfish in the GOA during 1997. These fisheries can have significant bycatch of Pacific ocean perch. The Administrator, Alaska Region, NMFS, has determined, in accordance with Sec. 679.25(a)(1)(i), that closing the season by prohibiting retention of Pacific ocean perch and closing the season for directed fishing for groundfish by vessels using trawl gear except fishing for pollock by vessels using pelagic trawl gear, is necessary to prevent overfishing of Pacific ocean perch and is the least restrictive measure to achieve that purpose. Without this prohibition of retention and closure to directed fishing, significant incidental catch of Pacific ocean perch would occur by trawl vessels targeting these groundfish species and seeking to maximize retainable amounts of Pacific ocean perch under the maximum retainable bycatch amounts at Sec. 679.20(e). Therefore, NMFS is requiring that further catches of Pacific ocean perch in the Western Regulatory Area of the GOA be treated as prohibited species in accordance with Sec. 679.21(b)(2). NMFS is prohibiting directed fishing for groundfish by vessels using trawl gear except fishing for pollock by vessels using pelagic trawl gear in the Western Regulatory Area of the GOA. The Assistant Administrator for Fisheries, NOAA, finds for good cause that providing prior notice and public comment on this action is impracticable and contrary to the public interest. Likewise, good cause exists to waive the delay in the effective date. Immediate effectiveness is necessary to prevent overfishing of Pacific ocean perch in the Western Regulatory Area of the GOA. Under Sec. 679.25(c)(2), interested persons are invited to submit written comments on this action to the above address until July 28, 1997. Classification This action is taken under Sec. 679.20 and is exempt from review under E.O. 12866. Authority: 16 U.S.C. 1801 et seq. Dated: July 11, 1997. Gary C. Matlock, Director, Office of Sustainable Fisheries, National Marine Fisheries Service. [FR Doc. 97-18723 Filed 7-11-97; 3:00 pm] BILLING CODE 3510-22-F