[Federal Register Volume 63, Number 225 (Monday, November 23, 1998)]
[Rules and Regulations]
[Page 64652]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-31273]



[[Page 64652]]

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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 679

[Docket No. 971208298-8055-02; I.D. 111698B]


Fisheries of the Exclusive Economic Zone Off Alaska; Atka 
Mackerel in the Eastern Aleutian District and Bering Sea subarea of the 
Bering Sea and Aleutian Islands.

AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and 
Atmospheric Administration (NOAA), Commerce.

ACTION: Modification of a closure.

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SUMMARY: NMFS is opening directed fishing for Atka mackerel for 24 
hours in the Eastern Aleutian District and Bering Sea subarea of the 
Bering Sea and Aleutian Islands management area (BSAI). This action is 
necessary to fully utilize the 1998 total allowable catch (TAC) of Atka 
mackerel in this area.

DATES: Effective 1200 hours, Alaska local time (A.l.t.), November 18, 
1998, until 1200 hours, November 19, 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 CFR part 679.
    The 1998 TAC of Atka mackerel for the Eastern Aleutian Islands 
District and Bering Sea subarea was established by Final 1998 Harvest 
Specifications of Groundfish for the BSAI (63 FR 12689, March 16, 1998) 
as 13,782 metric tons (mt). See Sec. 679.20(c)(3)(iii).
    The fishery for Atka mackerel in the Eastern Aleutian District and 
Bering Sea subarea was closed to directed fishing under 
Sec. 679.20(d)(1)(iii) on February 2, 1998, under the 1998 interim 
specifications (63 FR 6110, February 6, 1998). On March 16, 1998, NMFS 
published 1998 final specifications and set aside the remaining Atka 
mackerel TAC in order to reserve amounts anticipated to be needed for 
incidental catch in other fisheries (63 FR 12689, March 16, 1998; 63 FR 
12698, March 16, 1998).
    The Acting Administrator, Alaska Region, NMFS (Acting Regional 
Administrator) established a directed fishing allowance of 13,682 mt, 
and set aside the remaining 100 mt as bycatch to support other 
anticipated groundfish fisheries (63 FR 12689, March 16, 1998).
    NMFS has determined that as of October 31, 1998, 2,400 mt remain in 
the directed fishing allowance. Therefore, NMFS is terminating the 
previous closure and is opening directed fishing for Atka mackerel in 
the Eastern Aleutian District and Bering Sea subarea.
    In accordance with Sec. 679.20(d)(1)(iii), the Acting Regional 
Administrator finds that this directed fishing allowance will soon be 
reached. Therefore, NMFS is prohibiting directed fishing for Atka 
mackerel in the Eastern Aleutian District and Bering Sea subarea at 12 
noon, A.l.t., November 19, 1998.

Classification

    All other closures remain in full force and effect. This action 
responds to the best available information recently obtained from the 
fishery. It must be implemented immediately in order to allow full 
utilization of the Atka mackerel TAC. Providing prior notice and 
opportunity for public comment for this action is impracticable and 
contrary to the public interest. Further delay would only disrupt the 
FMP objective of providing the Atka mackerel TAC for harvest. 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 Sec. 679.20 and is exempt from review 
under E.O. 12866.

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

    Dated November 18, 1998.
Richard W. Surdi,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 98-31273 Filed 11-18-98; 4:27 pm]
BILLING CODE 3510-22-F