[Federal Register Volume 64, Number 191 (Monday, October 4, 1999)]
[Rules and Regulations]
[Pages 53630-53631]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-25679]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 679

[Docket No. 990304063-9063-01; I.D. 092499K]


Fisheries of the Exclusive Economic Zone Off Alaska; Pacific Cod 
by Catcher Vessels Using Trawl Gear in the Bering Sea and Aleutian 
Islands

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

ACTION: Modification of a closure.

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SUMMARY: NMFS is opening directed fishing for Pacific cod by catcher 
vessels using trawl gear in the Bering Sea and Aleutian Islands 
management area (BSAI). This action is necessary to fully utilize the 
portion of the 1999 total allowable catch (TAC) of Pacific cod 
allocated to these vessels using trawl gear in this area.

DATES: Effective 1200 hours, Alaska local time (A.l.t.), October 1, 
1999, until 2400 hours, A.l.t., December 31, 1999, or until NMFS 
publishes further notice in the Federal Register.

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 vessels using trawl gear in the BSAI 
as 38,475 metric tons (mt). See Sec. 679.20(c)(3)(iii) and 
Sec. 679.20(a)(7)(i)(B).
    The fishery for Pacific cod by catcher vessels using trawl gear in 
the BSAI was closed to directed fishing under Sec. 679.20(d)(1)(iii) on 
April 11, 1999, (64 FR 18373, April 14, 1999), in order to reserve 
amounts anticipated to be needed for incidental catch in other 
fisheries. In that notice, the Regional Administrator, Alaska Region, 
NMFS (Regional Administrator) also established a directed fishing 
allowance of 34,475 mt, and set aside the remaining 4,000 mt as bycatch 
to support other anticipated groundfish fisheries.
    NMFS has determined that as of September 11, 1999, 2,870 mt remain 
in the portion of the TAC of Pacific cod allocated to catcher vessels 
using trawl gear in the BSAI and of that amount, 500 mt will be 
necessary as bycatch to support other anticipated groundfish fisheries 
through the end of 1999. Therefore, the Regional Administrator is 
establishing a revised directed fishing allowance of 37,975mt, and is 
setting aside the remaining 500 mt as bycatch to support other 
anticipated groundfish fisheries. NMFS has determined that 2,370 mt 
remain in the directed fishing allowance. Therefore, NMFS is 
terminating the previous closure and is opening directed fishing for 
Pacific cod by catcher vessels using trawl gear in the BSAI.

Classification

    All other closures remain in full force and effect. This action 
responds to the

[[Page 53631]]

best available information recently obtained from the fishery. It must 
be implemented immediately in order to allow full utilization of the 
Pacific cod TAC. Providing prior notice and opportunity for public 
comment for this action is impracticable and contrary to the public 
interest. Further delay would only disrupt the FMP objective of 
providing the Pacific cod TAC for harvest. NMFS finds for good cause 
that the implementation of this action cannot 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: September 28, 1999.
Bruce C. Morehead,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 99-25679 Filed 9-30-99; 10:28 am]
BILLING CODE 3510-22-F