[Federal Register Volume 64, Number 2 (Tuesday, January 5, 1999)]
[Rules and Regulations]
[Pages 427-428]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-34832]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 679

[Docket No. 981222313-8320-02; I.D. 122898C]


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 1999 
interim total allowable catch (TAC) amounts.

DATES: Effective 0001 hrs, Alaska local time (A.l.t.), January 1, 1999, 
until superseded by the notice of Final 1999 Harvest Specification for 
Groundfish, which will be published in the Federal Register.

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 50 CFR part 679.
    In accordance with Sec. 679.20(d), if the Administrator, Alaska 
Region, NMFS (Regional Administrator) determines that the amount of a 
target species or ``other species'' category apportioned to a fishery 
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.
    NMFS will publish interim 1999 harvest specifications for these 
groundfish fisheries in the January 4, 1999, publication of the Federal 
Register. The Regional Administrator has determined that the interim 
TAC amounts of the following species will be reached and will be 
necessary as incidental catch to support other anticipated groundfish 
fisheries prior to the time that final specifications for groundfish 
are likely to be in effect for the 1999 fishing year. Consequently, in 
accordance with Sec. 679.20(d)(i), the Regional Administrator 
establishes these interim TAC amounts as directed fishing allowances.

Pollock: Bogoslof District
Pacific ocean perch: Bering Sea subarea
``Other rockfish'': Bering Sea subarea
``Other red rockfish'': Bering Sea subarea
Sharpchin/northern rockfish: Aleutian Islands subarea
Shortraker/rougheye rockfish: Aleutian Islands subarea
``Other rockfish'': Aleutian Islands subarea


[[Page 428]]


    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), NMFS is prohibiting 
directed fishing for these species in the specified areas. In addition, 
the interim 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 the following species:

Rockfish by vessels using trawl gear: BSAI
Greenland turbot/arrowtooth flounder/sablefish by vessels using trawl 
gear: BSAI

    These closures will be in effect beginning at 0001 hours, A.l.t., 
January 1, 1999, until superseded by the notice of Final 1999 Initial 
Harvest Specifications for Groundfish.
    The maximum retainable bycatch amounts at Sec. 679.20 (e) and (f) 
apply at any time during a fishing trip while these closures are in 
effect. 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.
    NMFS may implement other closures under the interim specifications, 
at the time the notice of Final 1999 Initial Harvest Specifications are 
implemented or during the 1999 fishing year, as necessary for effective 
conservation and management.

Classification

    This action is required by Sec. 679.20 and is exempt from review 
under E.O. 12866.
    This action responds to the interim TAC limitations and other 
restrictions on the fisheries established in the interim 1999 harvest 
specifications for groundfish for the BSAI. It must be implemented 
immediately to prevent overharvesting the 1999 interim TAC of several 
groundfish species in the BSAI. A delay in the effective date is 
impracticable and contrary to the public interest. The fleet will begin 
to harvest groundfish on January 1, 1999. 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: December 29, 1998.
Gary C. Matlock,
Director, Office of Sustainable Fisheries, National Marine Fisheries 
Service.
[FR Doc. 98-34832 Filed 12-30-98; 3:06 pm]
BILLING CODE 3510-22-P