[Federal Register Volume 64, Number 223 (Friday, November 19, 1999)]
[Rules and Regulations]
[Pages 63259-63260]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-30228]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 679

[Docket No. 990304063-9063-01; I.D. 111299B]


Fisheries of the Exclusive Economic Zone Off Alaska; Pacific Cod 
by 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 vessels 
using

[[Page 63260]]

trawl gear in the Bering Sea and Aleutian Islands management area 
(BSAI). This action is necessary to fully utilize the 1999 halibut 
bycatch mortality allowance specified for the trawl Pacific cod 
fishery.

DATES: Effective 1200 hours, Alaska local time (A.l.t.), November 16, 
1999, until 2400 hrs. 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 (64 FR 12103, 
March 11, 1999) established the halibut bycatch mortality allowance 
specified for the BSAI trawl Pacific cod fishery, which is defined at 
Sec. 679.21(e)(3)(iv)(E), as 1,473 metric tons (mt).
    On October 18, 1999, the fishery for Pacific cod by vessels using 
trawl gear in the BSAI was closed to directed fishing under 
Sec. 679.21(e)(7)(v), to maintain the halibut bycatch mortality within 
the specified allowance, (64 FR 56473, October 20, 1999). NMFS since 
has determined that as of November 6, 1999, 49 mt of halibut mortality 
remain in the 1999 halibut bycatch mortality allowance specified for 
the trawl Pacific cod fishery.
    Therefore, NMFS is terminating the previous closure and is opening 
directed fishing for Pacific cod by vessels using trawl gear in the 
BSAI.

Classification

    All other closures remain in full force and effect. This action 
responds to the best available information recently obtained from the 
fishery. It must be implemented immediately in order to fully utilize 
the 1999 halibut bycatch mortality allowance specified for the trawl 
Pacific cod. 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 utilizing the 
halibut bycatch mortality allowance to provide 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: November 15, 1999.
Bruce C. Morehead,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 99-30228 Filed 11-16-99; 1:21 pm]
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