[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]


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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.

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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]
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