[Federal Register Volume 65, Number 187 (Tuesday, September 26, 2000)]
[Rules and Regulations]
[Pages 57746-57747]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-24591]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 679

[Docket No. 000211040-0040-01; I.D. 091800J]


Fisheries of the Exclusive Economic Zone Off Alaska; Sharpchin 
and Northern Rockfish in the Aleutian Islands Subarea

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

ACTION: Fishery closure.

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SUMMARY:  NMFS closes directed fishing for Atka mackerel in the 
Aleutian Islands subarea of the Bering Sea and Aleutian Islands 
management area (BSAI) by vessels using trawl gear not fishing for a 
Community Development Quota (CDQ). This action is necessary to prevent 
overfishing of the sharpchin/northern rockfish species group.

DATES: Effective 1200 hrs, Alaska local time (A.l.t.), September 20, 
2000, until 2400 hrs, A.l.t., December 31, 2000.

FOR FURTHER INFORMATION CONTACT:  Andrew N. 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 (Magnuson-
Stevens 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 Magnuson-Stevens Act requires that conservation and management 
measures prevent overfishing. The 2000 overfishing level for the 
sharpchin/northern rockfish species group in the Aleutian Islands 
subarea of the BSAI is established by the Final 2000 Harvest 
Specifications of Groundfish for the BSAI (65 FR 8282, February 18, 
2000) as 6,870 metric tons (mt), the acceptable biological catch (ABC) 
is established as 5,150 mt and the non-CDQ total allowable catch (TAC) 
as 4,764 mt. The Administrator, Alaska Region, (Administrator) NMFS, 
estimates that as of September 20, 2000, the non-CDQ TAC of sharpchin/
northern rockfish will be caught.
    NMFS closed directed fishing for sharpchin/northern rockfish in 
Closures of Specified Groundfish Fisheries in the Bering Sea and 
Aleutian Islands (65 FR 8297, February 18, 2000). Substantial trawl 
fishing effort will be directed at remaining amounts of non-CDQ Atka 
mackerel in the Aleutian Islands subarea during 2000. This fishery has 
significant incidental catch of sharpchin/northern rockfish, averaging 
about 95 mt per day during the week ending September 16, 2000. Data 
from the groundfish observer program indicates that high incidental 
catch rates of sharpchin/northern rockfish are experienced in the Atka 
mackerel fishery and range from 15 percent to 25 percent. These high 
rates of sharpchin/northern rockfish are inherent in the directed Atka 
mackerel fishery and will not be reduced if the retention of sharpchin/
northern rockfish was prohibited pursuant to Sec. 679.20(d)(2). If the 
trawl non-CDQ Atka mackerel fishery were allowed to continue beyond 
September 20, 2000, the ABC for sharpchin/northern rockfish would be 
exceeded significantly.

[[Page 57747]]

    The Regional Administrator, Alaska Region, NMFS has determined, in 
accordance with Sec. 679.20(d)(3) that closing the directed fishery for 
non-CDQ Atka mackerel by vessels using trawl gear is necessary to 
prevent overfishing of the sharpchin/northern rockfish species group, 
and is the least restrictive measure to achieve that purpose. Without 
this directed fishery closure, significant incidental catch of 
sharpchin/northern rockfish would occur by trawl vessels targeting non-
CDQ Atka mackerel.
    Maximum retainable bycatch amounts for Atka mackerel may be found 
in the regulations at Sec. 679.20(e) and (f).
     Pursuant to 5 U.S.C. section 553, the Assistant Administrator for 
Fisheries, NOAA, finds that this action is necessary to prevent 
overfishing of sharpchin/northern rockfish in the Aleutian Islands 
subarea of the BSAI and thus constitutes good cause to waive the 
requirement to provide prior notice and public comment because such 
procedure is contrary to the public interest. Similarly, the need to 
implement these measure in a timely fashion to prevent overfishing 
constitutes good cause to waive the 30-day delay in effectiveness.

Classification

     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 20, 2000.
Bruce C. Morehead,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 00-24591 Filed 9-20-00; 4:44 pm]
BILLING CODE: 3510-22 -S