[Federal Register Volume 63, Number 50 (Monday, March 16, 1998)]
[Rules and Regulations]
[Pages 12698-12699]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-6770]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 679

[Docket No. 971208298-8055-02; I.D. 031198A]


Fisheries of the Exclusive Economic Zone Off Alaska; Closures of 
Specified Groundfish Fisheries in 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 closing specified groundfish fisheries in the Bering 
Sea and Aleutian Islands management area (BSAI). This action is 
necessary to prevent exceeding the prohibited species bycatch 
allowances and directed fishing allowances specified for the 1998 BSAI 
groundfish fisheries.

DATES: Effective March 11, 1998, through 2400 hrs, A.l.t. December 31, 
1998.

FOR FURTHER INFORMATION CONTACT: Mary Furuness, 907-586-7228.

SUPPLEMENTARY INFORMATION: The groundfish fishery in the BSAI 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

[[Page 12699]]

regulations implementing the FMP at subpart H of 50 CFR part 600 and 50 
CFR part 679.
    In accordance with Sec. 679.20(d)(1)(i), if the Administrator, 
Alaska Region, NMFS (Regional Administrator) determines that the amount 
of a target species or ``other species'' category apportioned to a 
fishery or, with respect to pollock, to an inshore or offshore 
component allocation, will be reached, the Regional Administrator may 
establish a directed fishing allowance for that species or species 
group. If the Regional Administrator establishes a directed fishing 
allowance, and that allowance is or will be reached before the end of 
the fishing year, NMFS will prohibit directed fishing for that species 
or species group in the specified subarea or district 
(Sec. 697.20(d)(1)(iii)). Similarly, under Sec. 679.21(e), if the 
Regional Administrator determines that a fishery category's bycatch 
allowance of halibut, red king crab, or C. bairdi Tanner crab for a 
specified area has been reached, the Regional Administrator will 
prohibit directed fishing for each species in that category in the 
specified area.
    The Regional Administrator has determined that the remaining 
amounts of pollock in the Bogoslof District; Pacific ocean perch, 
``other rockfish'', and ``other red rockfish'' in the Bering Sea 
subarea (BS); and sharpchin/northern rockfish, shortraker/rougheye 
rockfish, and ``other rockfish'' in the Aleutian Islands subarea (AI) 
will be necessary as incidental catch to support other anticipated 
groundfish fisheries for the 1998 fishing year. Consequently, in 
accordance with Sec. 679.20(d)(1)(i), the Regional Administrator 
establishes these remaining amounts as directed fishing allowances.
    Further, the Regional Administrator finds that these directed 
fishing allowances will be reached before the end of the year. 
Therefore, in accordance with Sec. 679.20(d)(1)(iii) NMFS is 
prohibiting directed fishing for these species in the specified areas 
and these closures will remain in effect through 2400 hrs, A.l.t., 
December 31, 1998.
    In addition, the BSAI halibut bycatch allowance specified for the 
trawl rockfish fishery and the trawl Greenland turbot/arrowtooth 
flounder/sablefish fishery categories, defined at 
Sec. 679.21(e)(3)(iv)(C) and (D), is 0 mt. In accordance with 
Sec. 679.21(e)(7)(iv), therefore, NMFS is prohibiting directed fishing 
for rockfish by vessels using trawl gear in the BSAI and for Greenland 
turbot/arrowtooth flounder/sablefish by vessels using trawl gear in the 
BSAI. These closures will remain in effect through 2400 hrs, A.l.t., 
December 31, 1998.
    Under authority of the Interim 1998 Specifications (62 FR 65626, 
December 15, 1998), NMFS closed directed fishing for Atka mackerel in 
the Eastern Aleutian District and the BS of the BSAI effective 1200 
hrs, A.l.t., February 2, 1998 through 2400 hrs, A.l.t., December 31, 
1998 (63 FR 6110, February 6, 1998), pollock by vessels catching 
pollock for processing by the offshore component in the BS of the BSAI 
effective 1200 hrs, A.l.t., February 20, 1998, through 1200 hrs, 
A.l.t., April 15, 1998 (63 FR 9745, February 26, 1998), pollock by 
vessels catching pollock for processing by the inshore component in the 
BS of the BSAI effective 1200 hrs, A.l.t., February 26, 1998, through 
1200 hrs, A.l.t., April 15, 1998 (63 FR 10569, March 4, 1998), pollock 
by vessels catching pollock for processing by the offshore component in 
the AI of the BSAI effective 1200 hrs, A.l.t., February 26, 1998, 
through 2400 hrs, A.l.t., December 31, 1998 (63 FR 9974, February 27, 
1998), and rock sole, flathead sole, and ``other flatfish'' by vessels 
using trawl gear in the BSAI effective 1200 hrs, A.l.t., March 5, 1998, 
through 1200 hrs, A.l.t., March 30, 1998 (63 FR 11629, March 10, 1998). 
The amount of TAC remaining under the Final Specification of groundfish 
following closure under the interim specifications will be taken as 
incidental catch in directed fishing for other species.
    These closures supersede the closures announced in the 1998 interim 
specifications (62 FR 65626, December 15, 1997). While these closures 
are in effect, the maximum retainable bycatch amounts at Sec. 679.20(e) 
and (f) apply at any time during a fishing trip. These closures to 
directed fishing are in addition to closures and prohibitions found in 
regulations at 50 CFR part 679. Refer to Sec. 679.2 for definitions of 
areas. In the BSAI, ``Other rockfish'' includes Sebastes and 
Sebastolobus species except for Pacific ocean perch and the ``other red 
rockfish'' species. ``Other red rockfish'' includes shortraker, 
rougheye, sharpchin, and northern rockfish.

Classification

    This action is required by Sec. 679.20 and Sec. 679.21 and is 
exempt from review under E.O. 12866.
    This action responds to the TAC limitations and other restrictions 
on the fisheries established in the Final 1998 Harvest Specifications 
for Groundfish for the BSAI. It must be implemented immediately to 
prevent overharvesting the 1998 TAC of several groundfish species in 
the BSAI. A delay in the effective date is impracticable and contrary 
to the public interest. The fleet is currently harvesting groundfish, 
and further delay would only result in overharvest. NMFS finds for good 
cause that the implementation of this action should not be delayed for 
30 days.
    Accordingly, under 5 U.S.C. 553(d), a delay in the effective date 
is hereby waived.

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

    Dated: March 11, 1998.
Bruce C. Morehead,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 98-6770 Filed 3-11-98; 4:56 pm]
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