[Federal Register Volume 63, Number 237 (Thursday, December 10, 1998)]
[Rules and Regulations]
[Page 68210]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-32880]



[[Page 68210]]

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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 679

[Docket No. 971208298-8055-02; I.D. 120498A]


Fisheries of the Exclusive Economic Zone Off Alaska; Pacific cod 
for Vessels Using Hook-and-line and Pot Gear 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 directed fishing for Pacific cod for vessels 
using hook-and-line and pot gear in the Bering Sea and Aleutian Islands 
management area (BSAI). This action is necessary to prevent exceeding 
the amount of the 1998 total allowable catch (TAC) of Pacific cod 
allocated to vessels using hook-and-line and pot gear in this area.

DATES: Effective 1200 hrs, Alaska local time (A.l.t.), December 9, 
1998, until 2400 hrs, A.l.t., December 31, 1998.

FOR FURTHER INFORMATION CONTACT: Mary Furuness, 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.
    In accordance with Sec. 679.20(c)(3)(iii), the TAC of Pacific cod 
allocated to vessels using hook-and-line and pot gear in the BSAI was 
established by the Final 1998 Harvest Specifications of Groundfish for 
the BSAI (63 FR 12689, March 16, 1998) as 99,068 metric tons (mt) and 
subsequent reserve releases as 110,568 mt (63 FR 47218, September 4, 
1998), (63 FR 63801, November 17, 1998).
    In accordance with Sec. 679.20(d)(1)(i), the Administrator, Alaska 
Region, NMFS (Regional Administrator), has determined that the TAC of 
Pacific cod allocated to vessels using hook-and-line and pot gear in 
the BSAI will be reached. Therefore, the Regional Administrator is 
establishing a directed fishing allowance of 110,468 mt, and is setting 
aside the remaining 100 mt as bycatch to support other anticipated 
groundfish fisheries. In accordance with Sec. 679.20(d)(1)(iii), the 
Regional Administrator finds that this directed fishing allowance will 
soon be reached. Consequently, NMFS is closing directed fishing for 
Pacific cod for vessels using hook-and-line and pot 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 in order 
to prevent overharvesting the amount of Pacific cod allocated to 
vessels using hook-and-line and pot gear in the BSAI. A delay in the 
effective date is impracticable and contrary to the public interest. 
The Pacific cod directed fishing allowance established for vessels 
using hook-and-line and pot gear will soon be reached. Further delay 
would only result in overharvest. NMFS finds for good cause that the 
implementation of this action can not 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: December 4, 1998.
Bruce C. Morehead,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 98-32880 Filed 12-7-98; 4:26 pm]
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