[Federal Register Volume 64, Number 90 (Tuesday, May 11, 1999)]
[Rules and Regulations]
[Pages 25216-25217]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-11820]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 679

[Docket No. 990304063-9063-01; I.D. 050599B]


Fisheries of the Exclusive Economic Zone Off Alaska; Pacific Cod 
by Catcher Processors using Trawl Gear 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 directed fishing for Pacific cod by catcher 
processors using trawl gear in the Bering Sea and Aleutian Islands 
management area (BSAI). This action is necessary to prevent exceeding 
the portion of the

[[Page 25217]]

1999 total allowable catch (TAC) of Pacific cod allocated to catcher 
processors using trawl gear in this area.

DATES: Effective 1200 hrs, Alaska local time (A.l.t.), May 6, 1999, 
until 2400 hrs, A.l.t., December 31, 1999.

FOR FURTHER INFORMATION CONTACT: Andrew Smoker, 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.
    The Final 1999 Harvest Specifications of Groundfish for the BSAI 
(64 FR 12103, March 11, 1999) established the portion of the TAC of 
Pacific cod allocated to catcher processors using trawl gear in the 
BSAI as 38,475 metric tons (mt) in accordance with 
Sec. 679.20(c)(3)(iii) and Sec. 679.20(a)(7)(i)(B).
    In accordance with Sec. 679.20(d)(1)(i), the Administrator, Alaska 
Region, NMFS (Regional Administrator), has determined that the portion 
of the TAC of Pacific cod allocated to catcher processors using trawl 
gear in the BSAI will be reached. The Regional Administrator is 
establishing a directed fishing allowance of 14,000 mt, and is setting 
aside the remaining 24,475 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 will 
soon be reached. Consequently, NMFS is closing directed fishing for 
Pacific cod by catcher processors using trawl gear in the BSAI.
    Maximum retainable bycatch amounts may be found in the regulations 
at Sec. 679.20(e) and (f).

Classification

    This action responds to the best available information recently 
obtained from the fishery. It must be implemented immediately in order 
to prevent overharvesting the 1999 TAC of Pacific cod allocated to 
catcher processors using trawl gear in the BSAI. A delay in the 
effective date is impracticable and contrary to the public interest. 
The Pacific cod directed fishing allowance established for catcher 
processors will soon be reached. Further delay would only result in 
overharvest, which would disrupt the FMP's objective of providing 
sufficient Pacific cod to support bycatch needs in other anticipated 
groundfish fisheries throughout the year. NMFS finds for good cause 
that the implementation of this action can 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: May 6, 1999.
Bruce Morehead,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 99-11820 Filed 5-6-99; 2:20 pm]
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