[Federal Register Volume 64, Number 171 (Friday, September 3, 1999)]
[Rules and Regulations]
[Pages 48331-48332]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-23085]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 679

[Docket No. 990304062-9062-01; I.D. 083099B]


Fisheries of the Exclusive Economic Zone Off Alaska; Pollock in 
Statistical Area 610 of the Gulf of Alaska

AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and 
Atmospheric Administration (NOAA), Commerce.

ACTION: Inseason adjustment; request for comments.

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SUMMARY: NMFS issues an inseason adjustment prohibiting directed 
fishing for pollock in Statistical Area 610 of the Gulf of Alaska (GOA) 
6 hours after its scheduled opening at 1200 hrs, Alaska local time 
(A.l.t.), September 1, 1999, and extending the C fishing season for 
pollock in Statistical Area 610 until further notice. This adjustment 
is necessary to manage the C seasonal allowance of the pollock total 
allowable catch (TAC), given the existence of excessive harvesting 
capacity.

DATES: Directed fishing for pollock in Statistical Area 610 will be 
closed at 1800 hrs, A.l.t., September 1, 1999. Comments must be 
received at the following address no later than 4:30 p.m., A.l.t., 
September 15, 1999.

ADDRESSES: Comments may be mailed to Sue Salveson, Assistant Regional 
Administrator, Sustainable Fisheries Division, Alaska Region, NMFS, 
P.O. Box 21668, Juneau, AK 99802-1668, Attn: Lori Gravel. Hand delivery 
or courier delivery of comments may be sent to the Federal Building, 
709 West 9th Street, Room 453, Juneau, AK 99801.

FOR FURTHER INFORMATION CONTACT: Andrew Smoker, 907-586-7228.

SUPPLEMENTARY INFORMATION: NMFS manages the groundfish fishery in the 
GOA exclusive economic zone according to the Fishery Management Plan 
for Groundfish of the Gulf of Alaska (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.
    As of August 21, 1999, 4,700 metric tons (mt) of pollock remained 
in the C seasonal allowance of the pollock TAC in Statistical Area 610 
of the GOA. That amount will be available for harvest at 1200 hrs, 
A.l.t., September 1, 1999. The emergency interim rule (EIR) 
establishing Steller sea lion protection measures for pollock off 
Alaska (64 FR 3437, January 22, 1999, and extended at 64 FR 39087, July 
21, 1999) defines the C fishing season for pollock in Statistical Area 
610 of the GOA as starting from 1200 hrs, A.l.t., September 1, 1999, 
until the directed fishery is closed or 1200 hrs, A.l.t. October 1, 
1999, whichever comes first. The D fishing season is to begin 5 days 
after the closure of the C fishing season in Statistical Area 610.
    Section 679.23(b) specifies that the time of all openings and 
closures of fishing seasons other than the beginning and end of the 
calendar fishing year is 1200 hrs, A.l.t. A fishery opening, therefore, 
must be a minimum of 24 hours. Current information shows the catching 
capacity of vessels catching pollock for processing by the inshore 
component is in excess of 9,600 mt per day. The Administrator, Alaska 
Region, NMFS, has determined that the C seasonal allowance of the 
pollock TAC could be exceeded if a 24-hour fishery were allowed to 
occur. NMFS intends that the seasonal allowance not be exceeded and, 
therefore, will not allow a 24-hour directed fishery.
    NMFS, in accordance with Sec. 679.25(a)(1)(i), is adjusting the C 
fishing season for pollock in Statistical Area 610 of the GOA by 
closing the fishery at 1800 hrs, A.l.t., September 1, 1999, at which 
time directed fishing for pollock will be prohibited. This action has 
the effect of opening the fishery for 6 hours. NMFS is taking this 
action to allow a controlled fishery to occur, thereby preventing the 
overharvest of the C seasonal allowance of the pollock TAC designated 
in accordance with the EIR establishing Steller sea lion protection 
measures for pollock off Alaska.
    NMFS also is extending the C fishing season by inseason adjustment 
to delay the start of the D fishing season until the agency has 
determined whether sufficient amounts of the C season allowance remains 
unharvested to allow another opening within the C fishing season prior 
to the harvest of the pollock authorized for the D season. In 
accordance with Sec. 679.20(a)(5)(ii)(C), underages from the C fishing 
season also may be applied to the D fishing season, provided that the 
revised D fishing seasonal allowance does not exceed 30 percent of the 
annual TAC.
    While the potential catching capacity for vessels delivering 
pollock for processing by the inshore component is large enough to 
limit the first opening during the C fishing season to 6 hours, that 
limitation may reduce interest in participating in the fishery. If the 
catch during the C fishing season is very limited, the potential exists 
for a substantial amount of the C seasonal allowance of the pollock TAC 
not to be caught and to be eligible for harvest during the D fishing 
season. Therefore, in accordance with Sec. 679.25(a)(1)(i) and 
(a)(2)(i)(C), NMFS is extending the C fishing season to prevent the 
underharvest of that seasonal allowance of the pollock TAC until NMFS 
has determined the C seasonal allowance has been harvested, or October 
1, 1999, whichever occurs first.
    In accordance with Sec. 679.25(a)(2)(iii), NMFS has determined that 
prohibiting directed fishing at 1800 hrs, A.l.t., September 1, 1999, 
after a 6-hour opening, and extending the C fishing season, is the 
least restrictive management adjustment to achieve the C seasonal 
allowance of the pollock TAC and will allow other fisheries to continue 
in noncritical areas and time periods. Pursuant to Sec. 679.25(b)(2), 
NMFS has considered data regarding catch per unit of effort and rate of 
harvest in making this adjustment.

[[Page 48332]]

Classification

    The Assistant Administrator for Fisheries, NOAA, finds for good 
cause that providing prior notice and public comment or delaying the 
effective date of this action is impracticable and contrary to the 
public interest. Without this inseason adjustment, NMFS could not allow 
this fishery, and the C seasonal allowance of the pollock TAC in 
Statistical Area 610 of the GOA would not be harvested in accordance 
with the regulatory schedule, resulting in a seasonal loss of more than 
$1.0 million. Under Sec. 679.25(c)(2), interested persons are invited 
to submit written comments on this action to the above address until 
September 15, 1999.
    This action is required by Secs. 679.20 and 679.25 and is exempt 
from review under E.O. 12866.

    Authority: 16 U.S.C. 1801 et seq.

    Dated: August 30, 1999.
Bruce C. Morehead,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 99-23085 Filed 8-31-99; 4:41 pm]
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