[Federal Register Volume 65, Number 40 (Tuesday, February 29, 2000)]
[Rules and Regulations]
[Pages 10721-10722]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-4664]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 679

[Docket No. 000211040-0040-01; I.D. 022300A]


Fisheries of the Exclusive Economic Zone Off Alaska; Trawling in 
Steller Sea Lion Critical Habitat in the Central Aleutian District of 
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 trawling within Steller sea lion critical 
habitat in the Central Aleutian District of the Bering Sea and Aleutian 
Islands management area (BSAI). This action is necessary to fully 
utilize the critical habitat percentage of the 2000 harvest 
specifications of Atka mackerel allocated to the Central Aleutian 
District.

DATES: Effective 1200 hrs, Alaska local time (A.l.t.), February 23, 
2000 until April 15, 2000.

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

SUPPLEMENTARY INFORMATION: NMFS manages the groundfish fishery in the 
BSAI exclusive economic zone according to the Fishery Management Plan 
for the Groundfish Fishery of the Bering Sea and Aleutian Islands Area

[[Page 10722]]

(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 A season apportionment of the 2000 total allowable catch for 
Atka mackerel in the Central Aleutian District is 11,424 metric tons 
(mt), of which no more than 7,654 mt may be harvested from critical 
habitat (65 FR 8282, February 18, 2000). See Sec. 679.20(c)(3)(iii) and 
679.22(a)(8)(iii)(B).
    In accordance with Sec. 679.22(a)(8)(iii)(A), Steller Sea lion 
critical habitat in the Central Aleutian District was closed to trawl 
gear to prevent exceeding the percentage of the interim harvest 
specifications of Atka mackerel allocated to the Central Aleutian 
District on February 10, 2000 (65 FR 7461, February 15, 2000). NMFS has 
determined that as of February 12, 2000, approximately 1,500 mt remains 
in the critical habitat percentage of the 2000 harvest specifications 
of Atka mackerel allocated to the Central Aleutian District.
    The Administrator, Alaska Region, NMFS (Regional Administrator), 
has determined that the critical habitat percentage of the interim 
harvest specifications of Atka mackerel established for this District 
has not been caught. Therefore, NMFS is terminating the previous 
closure and is opening trawling in critical habitat, as defined at 50 
CFR part 226, Table 1 and Table 2 in the Central Aleutian District of 
the BSAI. All other closures remain in full force and effect.

Classification

    This action responds to the best available information recently 
obtained from the fishery. It must be implemented immediately to fully 
utilize the critical habitat percentage of the 2000 harvest 
specifications of Atka mackerel established for this District. 
Providing prior notice and opportunity for public comment for this 
action is impracticable and contrary to the public interest. 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: February 23, 2000.
Bruce C. Morehead,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 00-4664 Filed 2-23-00; 4:20 pm]
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