[Federal Register Volume 64, Number 110 (Wednesday, June 9, 1999)]
[Rules and Regulations]
[Page 30927]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-14631]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 679

[Docket No. 990304063-9063-01; I.D. 060499B]


Fisheries of the Exclusive Economic Zone Off Alaska; Pacific Cod 
by Vessels Using Pot 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 prohibiting directed fishing for Pacific cod by 
vessels using pot gear in the Bering Sea and Aleutian Islands 
management area (BSAI). This action is necessary to prevent exceeding 
the second seasonal allowance of the 1999 total allowable catch (TAC) 
of Pacific cod allocated for vessels using hook-and-line and pot gear 
in this area. Fishing with hook-and-line gear was previously prohibited 
under halibut mortality bycatch restrictions.

DATES: Effective 1200 hrs, Alaska local time (A.l.t.), June 9, 1999, 
until 1200 hrs, A.l.t., September 1, 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.
    The Final 1999 Harvest Specifications of Groundfish for the BSAI 
(64 FR 12103, March 11, 1999) established the second seasonal allowance 
of the TAC of Pacific cod allocated to vessels using hook-and-line and 
pot gear in the BSAI during the time period May 1 to August 31 as 8,500 
metric tons (mt). See Sec. 679.20(c)(3)(iii) and 
Sec. 679.20(a)(7)(i)(A).
    In accordance with Sec. 679.20(d)(1)(i), the Administrator, Alaska 
Region, NMFS (Regional Administrator), has determined that the second 
seasonal allowance of the TAC of Pacific cod allocated to vessels using 
hook-and-line and pot gear in the BSAI will be reached. Therefore, the 
Regional Administrator is establishing a directed fishing allowance of 
8,400 mt, and is setting aside the remaining 100 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 
prohibiting directed fishing for Pacific cod by vessels using pot 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 second seasonal allowance of the 1999 TAC 
of Pacific cod allocated to vessels using hook-and-line and pot gear in 
the BSAI. A delay in the effective date is impracticable and contrary 
to the public interest. The Pacific cod directed fishing second 
seasonal allowance established for vessels using hook-and-line and pot 
gear 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: June 4, 1999.
Richard W. Surdi,
Acting Director, Office of Sustainable Fisheries National Marine 
Fisheries Service.
[FR Doc. 99-14631 Filed 6-4-99; 4:19 pm]
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