[Federal Register Volume 64, Number 48 (Friday, March 12, 1999)]
[Rules and Regulations]
[Pages 12265-12266]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-6143]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 679

[Docket No. 990304063-9063-01; I.D. 030899B]


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 BSAI 
groundfish fisheries.

DATES: Effective 12:00 noon, Alaska local time, March 8, 1999, through 
2400 hrs, (A.l.t.), December 31, 1999.

FOR FURTHER INFORMATION CONTACT: Mary Furuness, 907-586-7228.

SUPPLEMENTARY INFORMATION: NMFS manages the groundfish fishery in the 
BSAI 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)(1)(i), the Administrator, Alaska 
Region, NMFS (Regional Administrator) may establish a directed fishing 
allowance for that species or species group if the Regional 
Administrator determines that any allocation or apportionment of a 
target species or ``other species'' category has been or will be 
reached. NMFS will prohibit directed fishing for that species or 
species group in the specified subarea or district if the Regional 
Administrator establishes a directed fishing allowance, and that 
allowance is or will be reached before the end of the fishing year 
(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.
    The Regional Administrator has determined that the following 
remaining allocation amounts will be necessary as incidental catch to 
support other anticipated groundfish fisheries for the 1999 fishing 
year:
    Bogoslof District: Pollock 846 mt
    Aleutian Islands subarea: Pollock 2,000 mt
    Sharpchin/northern rockfish 3,913 mt
    Shortraker/rougheye rockfish 893 mt
    ``Other rockfish'' 583 mt
    Bering Sea subarea: Pacific ocean perch 1,190 mt
    ``Other rockfish'' 314 mt
    ``Other red rockfish'' 227 mt
    In accordance with Sec. 679.20(d)(1)(i), the Regional Administrator 
establishes the directed allowances for the above species or species 
groups as 0 mt.
    Therefore, in accordance with Sec. 679.20(d)(1)(iii) NMFS is 
prohibiting directed fishing for these species in the specified areas. 
These closures will remain in effect through 2400 hrs, Alaska local 
time (A.l.t.), December 31, 1999.
    In addition, the BSAI, Zone 1, annual red king crab allowance 
specified in the final 1999 harvest specifications for groundfish in 
the BSAI for the trawl rockfish fishery (Sec. 679.21(e)(3)(iv)(D)) is 0 
mt and the BSAI first seasonal halibut bycatch allowance specified in 
the final 1999 harvest specifications for groundfish in the BSAI for 
the trawl rockfish fishery is 0 mt. The BSAI annual halibut bycatch 
allowance specified in the final 1999 harvest specifications for 
groundfish in the BSAI for the trawl Greenland turbot/arrowtooth 
flounder/sablefish fishery categories, (Sec. 679.21(e)(3)(iv)(C)) is 0 
mt. In accordance with Sec. 679.21(e)(7)(ii) and (v), NMFS is 
prohibiting directed fishing for rockfish by vessels using trawl gear 
in Zone 1 of the BSAI, directed fishing for rockfish by vessels using 
trawl gear in the BSAI and for Greenland turbot/arrowtooth flounder/
sablefish by vessels using trawl gear in the BSAI. These closures will 
remain in effect through 2400 hrs, A.l.t., December 31, 1999 for 
Greenland turbot/arrowtooth flounder/sablefish by vessels using trawl 
gear in the BSAI and 2400 hrs, A.l.t., December 31, 1999, for rockfish 
by vessels using trawl gear in Zone 1 in the BSAI, and 1200 hrs, 
A.l.t., July 4, 1999, for rockfish by vessels using trawl gear in the 
BSAI.
    Under authority of the interim 1999 harvest specifications (64 FR 
50, January 4, 1999), NMFS closed directed fishing for Atka mackerel in 
the Eastern Aleutian District and the Bering Sea subarea of the BSAI 
effective 1200 hrs, A.l.t., January 29, 1999, through 2400 hrs, A.l.t., 
December 31, 1999 (64 FR 5198, February 3, 1999); pollock by vessels 
catching pollock for processing by the mothership component in the 
critical habitat/catcher vessel operation area (CH/CVOA) of the BSAI 
effective 1200 hrs, A.l.t., February 9, 1999 (64 FR 7557, February 16, 
1999); pollock by vessels greater than 99 feet LOA catching pollock for 
processing by the inshore component in the CH/CVOA of

[[Page 12266]]

the BSAI effective 12 noon, A.l.t., February 11, 1999, until 1200 hrs, 
A.l.t., February 20, 1999 (64 FR 7815, February 17, 1999); fishing with 
non-pelagic trawl gear in the red king crab savings subarea effective 
12 noon, A.l.t., February 14, 1999 (64 FR 8269, February 19, 1999); 
trawling within Steller sea lion critical habitat in the Central 
Aleutian District of the BSAI effective 12 noon, Alaska local time, 
February 13, 1999, until the directed fishery for Atka mackerel closes 
within the entire Central Aleutian District (64 FR 8013, February 18, 
1999); pollock for processing by the inshore component in the CH/CVOA 
of the BSAI effective 2400 hrs , A.l.t., February 28, 1999, until 1200 
hrs, A.l.t., August 1, 1999 (64 FR 10399, March 4, 1999); Atka mackerel 
in the Central Aleutian District of the BSAI effective 1200 hrs, 
A.l.t., March 1, 1999, until the filing of the final 1999 harvest 
specifications for groundfish of the BSAI (64 FR 10398, March 4, 1999); 
rock sole/flathead sole/''other flatfish'' fishery category of the BSAI 
effective 1200 hrs, A.l.t., February 26, 1999, until 1200 hrs, A.l.t., 
March 30 (64 FR 10398, March 4, 1999). The amount of TAC remaining in 
these fisheries under the final specifications of groundfish following 
closure under the interim specifications will be taken as incidental 
catch in directed fishing for other species. Thus, these closures 
remain effective under authority of the final 1999 harvest 
specifications.
    These closures supersede the closures announced in the 1999 interim 
specifications (64 FR 50, January 4, 1999). While these closures are in 
effect, the maximum retainable bycatch amounts at Sec. 679.20(e) and 
(f) apply at any time during a fishing trip. 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, shortraker, 
rougheye, sharpchin, and northern rockfish.

Classification

    This action is required by Sec. 679.20 and Sec. 679.21 and is 
exempt from review under E.O. 12866.
    This action responds to the TAC limitations and other restrictions 
on the fisheries established in the final 1999 harvest specifications 
for groundfish for the BSAI. It must be implemented immediately to 
prevent overharvesting the 1999 TAC of several groundfish species in 
the BSAI. A delay in the effective date is impracticable and contrary 
to the public interest. The fleet is currently harvesting groundfish, 
and 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: March 8, 1999.
Gary C. Matlock,
Director, Office of Sustainable Fisheries, National Marine Fisheries 
Service.
[FR Doc. 99-6143 Filed 3-9-99; 2:28 pm]
BILLING CODE 3510-22-F