[Federal Register Volume 65, Number 174 (Thursday, September 7, 2000)]
[Rules and Regulations]
[Pages 54180-54181]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-22961]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 679

[Docket No. 000211040-0040-01; I.D. 082900D]


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: Rescission of a closure.

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SUMMARY: NMFS is opening directed fishing for Pacific cod by catcher 
vessels using trawl gear in portions of the Bering Sea and Aleutian 
Islands management area (BSAI) in which such fishing is authorized. 
This action is necessary to fully utilize the portion of the 2000 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.), September 1, 
2000.

FOR FURTHER INFORMATION CONTACT: Nick Hindman, 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 portion of the TAC of Pacific cod allocated to catcher vessels 
using trawl

[[Page 54181]]

gear in the BSAI was established by the Final 2000 Harvest 
Specifications of Groundfish for the BSAI (65 FR 8282, February 18, 
2000) as 41,953 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 24, 2000, (65 FR 24655, April 27, 2000), in order to reserve 
amounts anticipated to be needed for incidental catch in other 
fisheries. In that action, the Regional Administrator, Alaska Region, 
NMFS (Regional Administrator) also established a directed fishing 
allowance of 37,953 mt, and set aside the remaining 4,000 mt as bycatch 
to support other anticipated groundfish fisheries.
    NMFS has determined that as of August 12, 2000, 1,325 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, 200 mt will be 
necessary as bycatch to support other anticipated groundfish fisheries 
through the end of 2000. Therefore, the Regional Administrator is 
establishing a revised directed fishing allowance of 41,753, and is 
setting aside the remaining 200 mt as bycatch to support other 
anticipated groundfish fisheries. NMFS has determined that 1,125 mt 
remain in the directed fishing allowance. Therefore, pursuant to 
Sec. 679.25(a)(1)(i), NMFS is rescinding the previous closure and is 
opening directed fishing for Pacific cod by catcher vessels using trawl 
gear in the portion of the BSAI in which such directed fishing is 
authorized by law. All fishery closures specified in regulations 
implementing the FMP remain in full force. In addition, all groundfish 
trawl fishing within Steller sea lion critical habitat in the exclusive 
economic zone west of 144 deg. W. long. remains prohibited (65 FR 
49766, August 15, 2000).

Classification

    This action responds to the 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 authorized by Sec.  679.25 and is exempt from review 
under Executive Order 12866.

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

    Dated: September 1, 2000.
Richard W. Surdi,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 00-22961 Filed 9-1-00; 4:34 pm]
BILLING CODE: 3510-22 -S