[Federal Register Volume 63, Number 98 (Thursday, May 21, 1998)]
[Rules and Regulations]
[Page 27869]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-13500]



[[Page 27869]]

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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 679

[Docket No. 971208298-8055-02; I.D. 051598A]


Fisheries of the Exclusive Economic Zone Off Alaska; Pacific Cod 
by Vessels Using Hook-and-Line 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 Pacific cod by vessels 
using hook-and-line gear in the Bering Sea and Aleutian Islands 
management area (BSAI). This action is necessary to prevent exceeding 
the second seasonal apportionment of the 1998 Pacific halibut bycatch 
allowance specified for the Pacific cod hook-and-line fishery category.

DATES: Effective 1200 hrs, Alaska local time (A.l.t.), May 17, 1998, 
through 1200 hrs, A.l.t., September 15, 1998.

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 second seasonal apportionment of the 1998 Pacific halibut 
bycatch allowance specified for the Pacific cod hook-and-line fishery 
in the BSAI, which is defined at Sec. 679.21(e)(5)(ii)(A), was 
established by the Final 1998 Harvest Specifications of Groundfish for 
the BSAI (63 FR 12689, March 16, 1998) as 37 mt.
    In accordance with Sec. 679.21(e)(9), the Administrator, Alaska 
Region, NMFS (Regional Administrator), has determined that the second 
seasonal apportionment of the 1998 Pacific halibut bycatch allowance 
specified for the Pacific cod hook-and-line fishery in the BSAI has 
been caught. Consequently, NMFS is prohibiting directed fishing for 
Pacific cod by vessels using hook-and-line gear in the BSAI.
    Maximum retainable bycatch amounts may be found 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 exceeding the second seasonal apportionment of the 1998 Pacific 
halibut bycatch allowance specified for the Pacific cod hook-and-line 
fishery in the BSAI. Providing prior notice and an opportunity for 
public comment on this action is impracticable and contrary to the 
public interest. The fleet will soon take the apportionment. Further 
delay would only result in the second seasonal apportionment of the 
1998 Pacific halibut bycatch allowance specified for the Pacific cod 
hook-and-line fishery in the BSAI being exceeded and disrupt the FMP's 
objective of limiting hook-and-line Pacific halibut mortality. NMFS 
finds for good cause that the implementation of this action cannot be 
delayed for 30 days. Accordingly, under U.S.C. 553(d), a delay in the 
effective date is hereby waived.
    This action is required by Sec. 679.21 and is exempt from review 
under E.O. 12866.

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

    Dated: May 15, 1998.
Bruce C. Morehead,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 98-13500 Filed 5-18-98; 9:52 am]
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