[Federal Register Volume 64, Number 42 (Thursday, March 4, 1999)]
[Rules and Regulations]
[Pages 10397-10398]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-5284]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 679

[Docket No. 981222313-8320-02; I.D. 022699C]


Fisheries of the Exclusive Economic Zone Off Alaska; Species in 
the Rock Sole/Flathead Sole/``Other Flatfish'' Fishery Category by 
Vessels Using Trawl Gear in Bering Sea and Aleutian Islands Management 
Area

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 species in the rock sole/
flathead sole/``other flatfish'' fishery category by vessels using 
trawl gear in the Bering Sea and Aleutian Islands management area 
(BSAI). This action is necessary to prevent exceeding the first 
seasonal apportionment of the 1999 Pacific halibut bycatch allowance 
specified for the trawl rock sole/flathead sole/``other flatfish'' 
fishery category.

DATES: Effective 1200 hrs, Alaska local time (A.l.t.), February 26, 
1999, until 1200 hrs, A.l.t., March 30, 1999.

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 Interim 1999 Harvest Specifications of Groundfish (64 FR 50, 
January 4, 1999) established the first seasonal apportionment of 
halibut bycatch mortality specified for the BSAI trawl rock sole/
flathead sole/``other flatfish'' fishery category, which is defined at 
Sec. 679.21(e)(3)(iv)(B)(2), as 184 metric tons.

[[Page 10398]]

    In accordance with Sec. 679.21(e)(7)(v), the Administrator, Alaska 
Region, NMFS (Regional Administrator), has determined that the first 
seasonal apportionment of the 1999 halibut bycatch allowance specified 
for the trawl rock sole/flathead sole/``other flatfish'' fishery in the 
BSAI has been caught. Consequently, the Regional Administrator is 
closing directed fishing for species in the rock sole/flathead sole/
``other flatfish'' fishery category by vessels using trawl gear in the 
BSAI.
    Maximum retainable bycatch amounts may be found in the regulations 
at Sec. 679.20(e) and (f).
    This action responds to the best available information recently 
obtained from the fishery. It must be implemented immediately to 
prevent exceeding the first seasonal apportionment of the 1999 halibut 
bycatch allowance specified for the trawl rock sole/flathead sole/
``other flatfish'' fishery category. 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 first seasonal 
apportionment of the 1999 halibut bycatch allowance being exceeded. 
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.

Classification

    This action is required by 50 CFR 679.21 and is exempt from review 
under E.O. 12866.

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

    Dated: February 26, 1999.
Bruce C. Morehead,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 99-5284 Filed 3-1-99; 9:57 am]
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