[Federal Register Volume 64, Number 67 (Thursday, April 8, 1999)]
[Rules and Regulations]
[Pages 17126-17127]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-8759]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 679

[Docket No. 990304063-9063-01; I.D. 040599A]


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: Closure.

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SUMMARY: NMFS is prohibiting 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 prevent exceeding 
the first seasonal allowance of Atka mackerel total allowable catch 
(TAC) specified for the Central Aleutian District. NMFS is also opening 
fishing with trawl gear in Steller sea lion critical habitat in the 
Central Aleutian District for species for which directed fisheries are 
open.

DATES: Effective 1200 hrs, Alaska local time (A.l.t.), April 5, 1999, 
until 1200 hrs, A.l.t, September 1, 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 Final 1999 Harvest Specifications (64 FR 12103, March 11, 1999) 
established the first seasonal allowance, the period January 1, 1999 
through April 15, 1999, of Atka mackerel TAC specified for the Central 
Aleutian District as 10,360 metric tons (mt).
    In accordance with Sec. 679.20(d)(1)(i), the Administrator, Alaska 
Region,

[[Page 17127]]

NMFS (Regional Administrator), has determined that the first seasonal 
allowance of Atka mackerel TAC specified for the Central Aleutian 
District has been reached. Therefore, the Regional Administrator is 
establishing a directed fishing allowance of 10,000 mt, and is setting 
aside the remaining 360 mt as bycatch to support other anticipated 
groundfish fisheries. In accordance with Sec. 679.20(d)(1)(iii), the 
Regional Administrator finds that this directed fishing allowance soon 
will be reached. Consequently, NMFS is prohibiting directed fishing for 
Atka mackerel in the Central Aleutian District of the BSAI.
    Maximum retainable bycatch amounts may be found in the regulations 
at Sec. 679.20(e) and (f).
    On March 31, 1999, NMFS prohibited trawling within Steller sea lion 
critical habitat in the Central Aleutian District because the 1999 
critical habitat percentage of the first seasonal allowance of Atka 
mackerel allocated to the Central Aleutian District had been reached 
(64 FR 16362, April 5, 1999). Regulations at 679.22(a)(8)(iii)(C) 
authorize opening Steller sea lion critical habitat in the Central 
Aleutian District to fishing with trawl gear after NMFS closes Atka 
mackerel to directed fishing within that district. NMFS, therefore, is 
opening critical habitat in the Central Aleutian District to fishing 
with trawl gear for species open to directed fishing.

Classification

    This action responds to the best available information recently 
attained from the fishery. It must be implemented immediately to 
prevent overharvesting the 1999 first seasonal allowance of Atka 
mackerel specified for the Central Aleutian District of the BSAI. A 
delay in the effective date is impracticable and contrary to the public 
interest. 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.
    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: April 5, 1999.
Bruce Morehead,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 99-8759 Filed 4-5-99; 2:10 pm]
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