[Federal Register Volume 64, Number 188 (Wednesday, September 29, 1999)]
[Rules and Regulations]
[Page 52473]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-25249]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 679

[Docket No. 990304062-9062-01; I.D. 092399A]


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 opening the D fishing 
season for pollock in Statistical Area 610 of the Gulf of Alaska (GOA) 
for 12 hours effective 1200 hrs, Alaska local time (A.l.t.), September 
23, 1999, until 2400 hrs, A.l.t., September 23, 1999. This adjustment 
is necessary to manage the D seasonal allowance of the pollock total 
allowable catch (TAC) in Statistical Area 610 of the GOA.

DATES: Effective 1200 hrs, A.l.t., September 23, 1999, until 2400 hrs, 
A.l.t., September 23, 1999. Comments must be received at the following 
address no later than 4:30 p.m., A.l.t., October 8, 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: Mary Furuness, 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.
    NMFS issued a prohibition to directed fishing for pollock effective 
September 20, 1999, for Statistical Area 610, in accordance with 
Sec. 679.20(d)(1)(iii) that was filed with the Office of the Federal 
Register September 20, 1999.
    As of September 21, 1999, 1,923 metric tons (mt) of pollock remain 
in the D seasonal allowance of the pollock TAC in Statistical Area 610 
of the GOA. 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. Therefore, a fishery opening 
must be a minimum of 24 hours. Current information shows the catching 
capacity of vessels catching pollock for processing by the inshore 
component in Statistical Area 610 of the GOA is in excess of 3,000 mt 
per day. The Administrator, Alaska Region, NMFS, has determined that 
the D 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 will not allow a 24-hour directed 
fishery. NMFS, in accordance with Sec. 679.25(a)(1)(i), is adjusting 
the D fishing season for pollock in Statistical Area 610 of the GOA by 
closing the fishery at 2400 hrs, A.l.t., September 23, 1999, at which 
time directed fishing for pollock will be prohibited. This action has 
the effect of opening the fishery for 12 hours. NMFS is taking this 
action to allow a controlled fishery to occur, thereby preventing the 
overharvest of the D seasonal allowance of the pollock TAC designated 
in accordance with the emergency interim rule establishing Steller sea 
lion protection measures for pollock off Alaska (64 FR 3437, January 
23, 1999). In accordance with Sec. 679.25(a)(2)(iii), NMFS has 
determined that prohibiting directed fishing at 2400 hrs, A.l.t., 
September 23, 1999, after a 12 hour opening is the least restrictive 
management adjustment to achieve the D 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.

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 
the D seasonal allowance of the pollock TAC in Statistical Area 610 of 
the GOA to be harvested in an expedient manner and in accordance with 
the regulatory schedule. Under Sec. 679.25(c)(2), interested persons 
are invited to submit written comments on this action to the above 
address until October 8, 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: September 23, 1999.
Bruce C. Morehead,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 99-25249 Filed 9-23-99; 5:03 pm]
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