[Federal Register Volume 64, Number 47 (Thursday, March 11, 1999)]
[Rules and Regulations]
[Page 12093]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-5977]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 679

[Docket No. 981222313-8320-02; I.D. 030399B]


Fisheries of the Exclusive Economic Zone Off Alaska; Atka 
Mackerel in the Central Aleutian District 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 in the 
Central Aleutian District of the Bering Sea and Aleutian Islands 
management area (BSAI). This action is necessary to fully utilize the 
1999 interim harvest specification of Atka mackerel in the Central 
Aleutian District, including the 1999 critical habitat percentage of 
the interim harvest specification of Atka mackerel established for this 
District.

DATES: Effective 1200 hrs, Alaska local time (A.l.t.), March 7, 1999, 
until 1200 hrs, A.l.t., April 15, 1999.

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.
    The 1999 interim TAC for Atka mackerel in the Central Aleutian 
District is 9,520 metric tons (mt), of which no more than 7,616 mt may 
be harvested from critical habitat (64 FR 3446, January 22, 1999). See 
Sec. 679.20(c)(2)(ii)(A) and 679.22(a)(8)(iii)(B). The directed fishery 
for Atka mackerel in the Central Aleutian District was closed to 
reserve amounts anticipated to be needed for incidental catch in other 
fisheries (64 FR 10398, March 4, 1999). The Steller Sea lion critical 
habitat in the Central Aleutian District was closed to trawl gear to 
prevent exceeding the percentage of the interim harvest specifications 
of Atka mackerel allocated to the Central Aleutian District (64 FR 
8013, February 18, 1999). Fishing with trawl gear in critical habitat 
in the Central Aleutian District was opened concurrent with the closure 
of the Central Aleutian District to directed fishing for Atka mackerel 
(64 FR 10398, March 4, 1999). NMFS has determined that as of March 2, 
1999, approximately 4,000 mt remains in the Central Aleutian Islands 
directed fishing allowance and 2,192 mt remains in the critical habitat 
percentage of the interim harvest specifications of Atka mackerel 
allocated to the Central Aleutian District.
    The Administrator, Alaska Region, NMFS (Regional Administrator), 
has determined that the 1999 directed fishing allowance for Atka 
mackerel in the Central Aleutian District and the critical habitat 
percentage of the interim harvest specifications of Atka mackerel 
established for this District have not been reached. Therefore, NMFS is 
terminating the previous closure and is reopening directed fishing for 
Atka mackerel in the Central Aleutian District of the BSAI. All other 
closures remain in full force and effect. Steller Sea lion critical 
habitat in the Central Aleutian District of the BSAI is defined at 50 
CFR part 226, Table 1, Table 2, and Figure 4.

Classification

    This action responds to the best available information recently 
obtained from the fishery. It must be implemented immediately to fully 
utilize the 1999 interim harvest specification of Atka mackerel in the 
Central Aleutian District and the 1999 critical habitat percentage of 
the interim harvest specifications of Atka mackerel established for 
this District. Providing prior notice and opportunity for public 
comment for this action is impracticable and contrary to the public 
interest. 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: March 5, 1999.
Richard W. Surdi,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 99-5977 Filed 3-5-99; 4:17 pm]
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