[Federal Register Volume 64, Number 194 (Thursday, October 7, 1999)]
[Rules and Regulations]
[Pages 54578-54579]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-26101]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 679

[Docket No. 990304062-9062-01; I.D. 100199A]


Fisheries of the Exclusive Economic Zone Off Alaska; Vessels Less 
Than or Equal To 99 Feet LOA Catching Pollock for Processing by the 
Inshore Component in the Bering Sea

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 modifying a closure for pollock by vessels catching 
pollock for processing by the inshore component in the critical 
habitat/catcher vessel operational area (CH/CVOA) of the Bering Sea and 
Aleutian Islands management area (BSAI) to exempt from this closure 
vessels less than or equal to 99 feet length over all (LOA). This 
action is necessary because a sufficient amount of the C season limit 
of the pollock total allowable catch (TAC) specified for the inshore 
component within the CH/CVOA remains to accommodate fishing by vessels 
less than or equal to 99 feet LOA catching pollock for processing by 
the inshore component.

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

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.
    In accordance with Sec. 679.20(a)(5)(i)(C)(1) and the revised 
emergency interim rule implementing Steller Sea lion conservation 
measures (64 FR 39087, July 21, 1999), the 1999 C season limit of 
pollock TAC specified to the inshore component for harvest within the 
CH/CVOA is 79,307 metric tons (mt). On September 29, 1999, the 
Administrator, Alaska Region, NMFS (Regional Administrator), issued a 
notice, which will publish on October 4, 1999, stating that the C 
season limit of pollock had been reached and prohibited directed 
fishing for pollock by all vessels catching pollock for processing by 
the inshore component within the CH/CVOA.
    However, in calculating the directed fishing closure, 5,000 mt of 
pollock had been reserved to accommodate continued fishing by catcher 
vessels less than or equal to 99 feet LOA, consistent with 
Sec. 679.22(a)(11)(iv)(C)(2). Although the notice prohibited directed 
fishing for pollock by all inshore vessels, the intent was to close 
directed fishing for catcher vessels greater than 99 feet LOA and to 
exempt from the closure catcher vessels less than or equal to 99 feet 
LOA.
    Consequently, NMFS is modifying the September 29, 1999, directed 
fishing closure for inshore pollock in the CH/CVOA to exempt from the 
closure catcher vessels less than or equal to 99 feet LOA catching 
pollock for processing by the inshore component within the CH/CVOA 
conservation zone, as defined at Sec. 679.22(a)(11)(iv)(B). The closure 
remains in full force and effect for inshore catcher vessels greater 
than 99 feet LOA.

Classification

    This action responds to the best available information recently 
obtained from the fishery. It must be implemented immediately in order 
to allow for the continued fishing for the C season limit of pollock in 
the CH/CVOA by catcher vessels less than or equal to 99 feet LOA 
catching pollock for processing by the inshore component. A delay in 
the effective date is impracticable and contrary to the public 
interest. Further delay would result in inconsistency with regulation 
implementing reasonable and prudent management measures to promote the 
recovery of the endangered Steller sea lion. 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.

[[Page 54579]]

    This action is required by Sec. 679.22 and is exempt from review 
under E.O. 12866.

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

    Dated: October 1, 1999.
Gary C. Matlock,
Director, Office of Sustainable Fisheries National Marine Fisheries 
Service.
[FR Doc. 99-26101 Filed 10-1-99; 4:29 pm]
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