[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
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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]
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