98-32190. Fisheries of the Exclusive Economic Zone Off Alaska; Yellowfin Sole Fishery by Vessels Using Trawl Gear in Bering Sea and Aleutian Islands

[Federal Register Volume 63, Number 232 (Thursday, December 3, 1998)]
[Rules and Regulations]
[Page 66768]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-32190]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 679

[Docket No. 971208298-8055-02; I.D. 113098A]


Fisheries of the Exclusive Economic Zone Off Alaska; Yellowfin 
Sole Fishery by Vessels Using Trawl Gear in Bering Sea and Aleutian 
Islands

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

ACTION: Closure.

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SUMMARY: NMFS is closing directed fishing for yellowfin sole by vessels 
using trawl gear in the Bering Sea and Aleutian Islands management area 
(BSAI). This action is necessary to prevent exceeding the 1998 Pacific 
halibut bycatch allowance specified for the trawl yellowfin sole 
fishery.

DATES: Effective 1200 hrs, Alaska local time (A.l.t.), November 30, 
until 1200 hrs, A.l.t., December 31, 1998.

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 
(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 CFR part 679.
    The prohibited species bycatch mortality allowance of halibut for 
the BSAI trawl yellowfin sole fishery, which is defined at 
Sec. 679.21(e)(3)(iv)(B)(1), was established by the Final 1998 Harvest 
Specifications of Groundfish (63 FR 12689, March 16, 1998) as 930 mt.
    In accordance with Sec. 679.21(e)(7)(v), the Administrator, Alaska 
Region, NMFS (Regional Administrator), has determined that the 1998 
halibut bycatch allowance specified for the trawl yellowfin sole 
fishery in the BSAI has been caught. Consequently, the Regional 
Administrator is closing directed fishing for yellowfin sole by vessels 
using trawl gear in the BSAI.
    Maximum retainable bycatch amounts may be found in the regulations 
at Sec. 679.20(e) and (f).

Classification

    This action responds to the best available information recently 
obtained from the fishery. It must be implemented immediately to 
prevent exceeding the 1998 Pacific halibut bycatch allowance of halibut 
specified for the trawl yellowfin sole fishery. Providing prior notice 
and an opportunity for public comment on this action is impracticable 
and contrary to the public interest. The fleet will soon take the 
apportionment. Further delay would only result in the 1998 Pacific 
halibut bycatch allowance of halibut being exceeded and disrupt the 
FMP's objective of limiting trawl Pacific halibut mortality. NMFS finds 
for good cause that the implementation of this action cannot be delayed 
for 30 days. Accordingly, under U.S.C. 553(d), a delay in the effective 
date is hereby waived.
    This action is required by 50 CFR 679.21 and is exempt from review 
under E.O. 12866.

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

    Dated: November 30, 1998.
Gary C. Matlock,
Director, Office of Sustainable Fisheries, National Marine Fisheries 
Service.
[FR Doc. 98-32190 Filed 11-30-98; 3:32 pm]
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