98-11016. 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 80 (Monday, April 27, 1998)]
[Rules and Regulations]
[Page 20541]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-11016]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 679

[Docket No. 971208298-8055-02; I.D. 042198A]


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 second 
seasonal apportionment of the 1998 Pacific halibut bycatch allowance 
specified for the trawl rock sole/flathead sole/``other flatfish'' 
fishery category.

DATES: Effective 1200 hrs, Alaska local time (A.l.t.), April 21, 1998, 
until 1200 hrs, A.l.t., July 1, 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 second seasonal apportionment of 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)(4)(iv)(B)(2), was established as 120 mt by the Final 
1998 Harvest Specifications of Groundfish for the BSAI (63 FR 12689, 
March 16, 1998).
    In accordance with Sec. 679.21(e)(8)(v), the Administrator, Alaska 
Region, NMFS (Regional Administrator), has determined that the second 
seasonal apportionment of the 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).

Classification

    This action responds to the best available information recently 
obtained from the fishery. It must be implemented immediately to 
prevent exceeding the second seasonal apportionment of the 1998 Pacific 
halibut bycatch allowance 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 the public interest. The fleet will soon take the 
apportionment. Further delay would only result in the second seasonal 
apportionment of the 1998 Pacific halibut bycatch allowance 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 Sec. 679.21 and is exempt from review 
under E.O. 12866.

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

    Dated: April 21, 1998.
Bruce Morehead,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 98-11016 Filed 4-21-98; 4:42 pm]
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