[Federal Register Volume 62, Number 179 (Tuesday, September 16, 1997)] [Rules and Regulations] [Page 48498] From the Federal Register Online via the Government Publishing Office [www.gpo.gov] [FR Doc No: 97-24518] ----------------------------------------------------------------------- DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 679 [Docket No. 961107312-7021-02; I.D. 091097C] Fisheries of the Exclusive Economic Zone Off Alaska; Pollock by Trawl Vessels Using Nonpelagic Trawl Gear in Bering Sea and Aleutian Islands AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Closure. ----------------------------------------------------------------------- SUMMARY: NMFS is closing directed fishing for pollock by trawl vessels using nonpelagic trawl gear in the Bering Sea and Aleutian Islands management area (BSAI). This action is necessary to prevent exceeding the 1997 Pacific halibut bycatch allowance specified for the trawl pollock/Atka mackerel/``other species'' fishery category. DATES: Effective 1200 hrs, Alaska local time (A.l.t.), September 11, 1997, 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. vessels is governed by regulations implementing the FMP at Subpart H of 50 CFR part 600 and 50 CFR part 679. The 1997 Pacific halibut bycatch allowance specified for the BSAI pollock/Atka mackerel/``other species'' fishery category, which is defined at Sec. 679.21(e)(3)(iv)(F), was established by the Final 1997 Harvest Specifications of Groundfish for the BSAI (62 FR 7168, February 18, 1997) as 350 metric tons. In accordance with Sec. 679.21(e)(7)(iv), the Administrator, Alaska Region, NMFS, has determined that the 1997 Pacific halibut bycatch allowance specified for the trawl pollock/Atka mackerel/``other species'' fishery in the BSAI has been caught. Consequently, NMFS is closing directed fishing for pollock by trawl vessels using nonpelagic trawl gear in the BSAI. Maximum retainable bycatch amounts may be found in the regulations at Sec. 679.20(e) and (f). Classification This action responds to the best available information recently obtained from the fishery. It must be implemented immediately to prevent overharvesting the 1997 Pacific halibut bycatch allowance specified for the trawl pollock/Atka mackerel/``other species'' fishery category in the BSAI. Providing prior notice and an opportunity for public comment for this action is impracticable and contrary to public interest. The fleet has taken the Pacific halibut bycatch allowance specified for the trawl pollock/Atka mackerel/``other species'' fishery category in the BSAI. Further delay would only result in overharvest and disrupt the FMP's objective of allowing incidental catch to be retained 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. 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: September 10, 1997. Gary C. Matlock, Director, Office of Sustainable Fisheries, National Marine Fisheries Service. [FR Doc. 97-24518 Filed 9-11-97; 2:55 pm] BILLING CODE 3510-22-F