98-6132. Fisheries of the Exclusive Economic Zone Off Alaska; Species in the Rock Sole/Flathead Sole/``Other Flatfish'' Fishery Category by Vessels Using Trawl Gear in Bering Sea and Aleutian Islands

[Federal Register Volume 63, Number 46 (Tuesday, March 10, 1998)]
[Rules and Regulations]
[Page 11629]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-6132]



[[Page 11629]]

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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 679

[Docket No. 971208296-7296-01; I.D. 030498D]


Fisheries of the Exclusive Economic Zone Off Alaska; Species in 
the Rock Sole/Flathead Sole/``Other Flatfish'' Fishery Category 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 species in the rock sole/
flathead sole/``other flatfish'' fishery category by vessels using 
trawl gear in the Bering Sea and Aleutian Islands management area 
(BSAI). This action is necessary to prevent exceeding the interim 1998 
Pacific halibut bycatch allowance of halibut specified for the trawl 
rock sole/flathead sole/``other flatfish'' fishery category.

DATES: Effective 1200 hrs, Alaska local time (A.l.t.), March 5, 1998, 
until 1200 hrs, A.l.t., March 30, 1998.

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 
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 subpart H of 50 CFR part 600 and 50 CFR part 
679.
    The prohibited species bycatch mortality allowance of halibut for 
the BSAI trawl rock sole/flathead sole/``other flatfish'' fishery 
category, which is defined at Sec. 679.21(e)(3)(iv)(B)(2), was 
established by the Interim 1998 Harvest Specifications of Groundfish 
(62 FR 65626, December 15, 1997) as 199 mt.
    In accordance with Sec. 679.21(e)(8)(v), the Administrator, Alaska 
Region, NMFS (Regional Administrator), has determined that the interim 
1998 halibut bycatch allowance specified for the trawl rock sole/
flathead sole/``other flatfish'' fishery in the BSAI has been caught. 
Consequently, the Regional Administrator is closing directed fishing 
for species in the rock sole/flathead sole/``other flatfish'' fishery 
category 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).
    This action responds to the best available information recently 
obtained from the fishery. It must be implemented immediately to 
prevent exceeding the interim 1998 Pacific halibut bycatch allowance of 
halibut specified for the trawl rock sole/flathead sole/``other 
flatfish'' fishery category. Providing prior notice and an opportunity 
for public comment on this action is impracticable and contrary to 
public interest. The fleet will soon take the apportionment. Further 
delay would only result in the interim 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.

Classification

    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: March 4, 1998.
Gary C. Matlock,
Director, Office of Sustainable Fisheries, National Marine Fisheries 
Service.
[FR Doc. 98-6132 Filed 3-5-98; 3:11 pm]
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