97-4264. Fisheries of the Exclusive Economic Zone Off Alaska; Interim Closure of Flatfish Fisheries in Statistical Area 516 of the Bering Sea and Aleutian Islands Management Area  

  • [Federal Register Volume 62, Number 35 (Friday, February 21, 1997)]
    [Rules and Regulations]
    [Pages 7948-7949]
    From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
    [FR Doc No: 97-4264]
    
    
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    DEPARTMENT OF COMMERCE
    50 CFR Part 679
    
    [Docket No. 961107312-7021-02; I.D. 021397A]
    
    
    Fisheries of the Exclusive Economic Zone Off Alaska; Interim 
    Closure of Flatfish Fisheries in Statistical Area 516 of the Bering Sea 
    and Aleutian Islands Management Area
    
    AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and 
    Atmospheric Administration (NOAA), Commerce.
    
    ACTION: Inseason adjustment; request for comments.
    
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    SUMMARY: NMFS has determined that an interim closure of directed 
    fishing for rock sole, flathead sole, and ``other flatfish'' by vessels 
    using trawl gear is necessary in Statistical Area 516 of the Bering Sea 
    and Aleutian Islands management area (BSAI). Red king crab bycatch 
    rates are unexpectedly high in certain areas of Bristol Bay and closure 
    of Statistical Area 516 is necessary to prevent the take of an 
    excessive share of the bycatch limitation Zone 1 red king crab bycatch 
    allowance specified for the rock sole/flathead sole/``other flatfish'' 
    fishery category.
    
    DATES: 1200 hrs, Alaska local time (A.l.t.), February 14, 1997, until 
    1200 hrs, A.l.t., March 15, 1997. Comments must be received at the 
    following address no later than 4:30 p.m., A.l.t., March 3, 1997.
    
    ADDRESSES: Comments may be sent to Ronald J. Berg, Chief, Fisheries 
    Management Division, Alaska Region, NMFS, P.O. Box 21668, Juneau, AK 
    99802, Attn. Lori Gravel, or be delivered to the fourth floor of the 
    Federal Building, 709 West 9th Street, Juneau, Alaska.
    
    FOR FURTHER INFORMATION CONTACT: Andrew Smoker, 907-586-7228.
    
    SUPPLEMENTARY INFORMATION: The groundfish fishery in the BSAI exclusive 
    economic zone is managed by NMFS according to the Fishery Management 
    Plan for the Groundfish Fishery of the Bering Sea and Aleutian Islands 
    management area (FMP) prepared by the North Pacific Fishery Management 
    Council under authority of the Magnuson-Stevens Fishery Conservation 
    and Management Act. Fishing by U.S. vessels is governed by regulations 
    implementing the FMP at
    
    [[Page 7949]]
    
    subpart H of 50 CFR part 600 and 50 CFR part 679.
        Regulations at Sec. 679.25(a)(1)(iv) authorize an interim closure 
    of a Statistical Area, or portions thereof, to directed fishing for 
    specified groundfish species. The purpose of these closures is to 
    reduce prohibited species bycatch rates, limit the take of an excessive 
    share of a prohibited species bycatch allowance by vessels fishing in 
    an area, and prevent the attainment of a bycatch allowance before 
    available groundfish quotas are harvested.
        This action closes directed fishing for rock sole, flathead sole, 
    and ``other flatfish'' by vessels using trawl gear in Statistical Area 
    516 of the BSAI. Statistical Area 516 is defined in Figure 1 of 50 CFR 
    part 679 as the area of the BSAI south of 58 deg.00' N. lat., north of 
    the Alaska Peninsula, and between 162 deg.00' and 163 deg.00' W. long. 
    This closure is effective until March 15, when regulations at 
    Sec. 679.22(a)(2) annually close Reporting Area 516 to fishing with 
    trawl gear from March 15 until June 15.
        The red king crab bycatch allowance in bycatch limitation zone 1 
    for the BSAI trawl rock sole/flathead sole/``other flatfish'' fishery 
    category, defined at Sec. 679.21(e)(3)(iv)(B)(2), was established by 
    the Final 1997 Harvest Specifications of BSAI Groundfish as 48,750 
    animals. The Final 1997 Specifications were filed with the Office of 
    the Federal Register on February 12, 1997, and scheduled for 
    publication in the Federal Register on February 18, 1997.
        The 1997 fishing season for BSAI groundfish by vessels using trawl 
    gear began January 20, 1997. NMFS observer data indicate vessels 
    participating in the trawl rock sole/flathead sole/``other flatfish'' 
    fishery category within Statistical Area 516 at the beginning of the 
    fishing year experienced high bycatch rates of red king crab, taking an 
    estimated 27,000 animals in 3 days. As of February 1, 1997, NMFS 
    estimates that 12,000 red king crab remain in the bycatch allowance of 
    red king crab apportioned to the rock sole/flathead sole/``other 
    flatfish'' fishery category. Bycatch rates of red king crab within 
    Statistical Area 516 are estimated at 4.3 crab per metric ton of 
    groundfish. The current fleet of 24 vessels catches an estimated 1,800 
    mt of groundfish per day. If these flatfish fisheries remain open in 
    Statistical Area 516, NMFS anticipates that fishery effort within 
    Statistical Area 516 will increase as other fisheries close and vessels 
    move into the rock sole/flathead sole/``other flatfish'' fishery 
    category. The remaining red king crab bycatch allowance for this 
    fishery category can be taken within 2 days. Bycatch rates of red king 
    crab within the remainder of bycatch limitation zone 1 are estimated at 
    0.2 crab per metric ton or about 5 percent of the rate within 
    Statistical Area 516. By closing the fishery in Statistical Area 516, a 
    substantially greater amount of rock sole, flathead sole, and ``other 
    flatfish'' will be caught before the red king crab bycatch allowance is 
    reached.
        In accordance with Sec. 679.25(a)(1)(iv) and (a)(2)(ii)(B), the 
    Administrator, Alaska Region, NMFS, has determined that an interim 
    closure of Statistical Area 516 to directed fishing for species in the 
    rock sole/flathead sole/``other flatfish'' fishery category by vessels 
    using trawl gear is necessary to prevent the taking of an excessive 
    share of the zone 1 red king crab allowance specified for this fishery 
    category and prevent the premature attainment of that allowance. 
    Without this action opportunity will be foregone to harvest high-valued 
    roe bearing rock sole, as well as flathead sole, and ``other 
    flatfish.'' In accordance with Sec. 679.25(a)(2)(v), the Regional 
    Administrator has determined that this interim closure is based on the 
    best available scientific information.
        The Assistant Administrator for Fisheries, NOAA, finds forgood 
    cause that providing prior notice and public comment or delaying the 
    effective date of this action is impracticable and contrary to the 
    public interest. Immediate effectiveness is necessary to prevent loss 
    of opportunity to harvest species in the rock sole/flathead sole/
    ``other flatfish'' fishery category. Under Sec. 679.25(c)(2), 
    interested persons are invited to submit written comments on this 
    action to the above address until March 3, 1997.
    
    Classification
    
        This action is taken under Sec. 679.25 and is exempt from review 
    under E.O. 12866.
    
        Authority: 16 U.S.C. 1801 et seq.
    
        Dated: February 13, 1997.
    Bruce Morehead
    Acting Director, Office of Sustainable Fisheries, National Marine 
    Fisheries Service.
    [FR Doc. 97-4264 Filed 2-14-97; 4:41 pm]
    BILLING CODE 3510-22-F
    
    
    

Document Information

Published:
02/21/1997
Department:
Commerce Department
Entry Type:
Rule
Action:
Inseason adjustment; request for comments.
Document Number:
97-4264
Dates:
1200 hrs, Alaska local time (A.l.t.), February 14, 1997, until 1200 hrs, A.l.t., March 15, 1997. Comments must be received at the
Pages:
7948-7949 (2 pages)
Docket Numbers:
Docket No. 961107312-7021-02, I.D. 021397A
PDF File:
97-4264.pdf
CFR: (1)
50 CFR 679.22(a)(2)