[Federal Register Volume 63, Number 190 (Thursday, October 1, 1998)]
[Rules and Regulations]
[Pages 52658-52659]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-26289]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 679

[Docket No. 971208298-8055-02; I.D. 092898E]


Fisheries of the Exclusive Economic Zone Off Alaska; Pollock by 
Trawl Vessels Using Nonpelagic Trawl Gear in Bycatch Limitation Zone 1 
of 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 directed fishing for pollock by trawl vessels 
using nonpelagic trawl gear in Bycatch Limitation Zone 1 (Zone 1) of 
the Bering Sea and Aleutian Islands management area (BSAI) except for 
the red king crab savings subarea. This action is necessary to prevent 
exceeding the 1998 bycatch allowance of red king crab apportioned to 
the trawl pollock/Atka mackerel/``other species'' fishery category in 
Zone 1.

DATES: Effective 1200 hrs, Alaska local time (A.l.t.), September 28, 
1998, until 2400 hrs, A.l.t., December 31, 1998.

FOR FURTHER INFORMATION CONTACT: Andrew Smoker, 907-586-7228.

SUPPLEMENTARY INFORMATION: NMFS manages the groundfish fishery in the 
BSAI exclusive economic zone 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. Regulations governing fishing by U.S. vessels in accordance with 
the FMP appear at subpart H of 50 CFR part 600 and 50 CFR part 679.
    The bycatch allowance of red king crab for the BSAI trawl pollock/
Atka mackerel/''other species'' fishery category, which is defined at

[[Page 52659]]

Sec. 679.21(e)(4)(iv)(F), was established as 6,938 animals by the Final 
1998 Harvest Specifications of Groundfish for the BSAI (63 FR 12689, 
March 16, 1998).
    The red king crab savings subarea as described at Sec. 679.21 
(e)(3)(ii)(B), is located within Zone 1 and is apportioned a separate 
allocation of red king crab bycatch. That subarea is not affected by 
this action.
    In accordance with Sec. 679.21(e)(7), the Administrator, Alaska 
Region, NMFS, has determined that the 1998 bycatch allowance of red 
king crab apportioned to the trawl pollock/Atka mackerel/''other 
species'' fishery in Zone 1 has been caught. Consequently, NMFS is 
closing directed fishing for pollock by trawl vessels using nonpelagic 
trawl gear in Zone 1 except for the red king crab savings subarea.
    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 exceeding the 1998 bycatch allowance of red king crab specified 
for the trawl pollock/Atka mackerel/''other species'' fishery category 
in Zone 1. 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 bycatch allowance. Further delay would 
only result in the bycatch allowance of red king crab being exceeded 
and disrupt the FMP's objective of limiting the bycatch of trawl red 
king crab. 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: September 28, 1998.
Bruce C. Morehead,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 98-26289 Filed 9-28-98; 2:03 pm]
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