[Federal Register Volume 64, Number 171 (Friday, September 3, 1999)]
[Rules and Regulations]
[Pages 48331-48332]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-23085]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 679
[Docket No. 990304062-9062-01; I.D. 083099B]
Fisheries of the Exclusive Economic Zone Off Alaska; Pollock in
Statistical Area 610 of the Gulf of Alaska
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 issues an inseason adjustment prohibiting directed
fishing for pollock in Statistical Area 610 of the Gulf of Alaska (GOA)
6 hours after its scheduled opening at 1200 hrs, Alaska local time
(A.l.t.), September 1, 1999, and extending the C fishing season for
pollock in Statistical Area 610 until further notice. This adjustment
is necessary to manage the C seasonal allowance of the pollock total
allowable catch (TAC), given the existence of excessive harvesting
capacity.
DATES: Directed fishing for pollock in Statistical Area 610 will be
closed at 1800 hrs, A.l.t., September 1, 1999. Comments must be
received at the following address no later than 4:30 p.m., A.l.t.,
September 15, 1999.
ADDRESSES: Comments may be mailed to Sue Salveson, Assistant Regional
Administrator, Sustainable Fisheries Division, Alaska Region, NMFS,
P.O. Box 21668, Juneau, AK 99802-1668, Attn: Lori Gravel. Hand delivery
or courier delivery of comments may be sent to the Federal Building,
709 West 9th Street, Room 453, Juneau, AK 99801.
FOR FURTHER INFORMATION CONTACT: Andrew Smoker, 907-586-7228.
SUPPLEMENTARY INFORMATION: NMFS manages the groundfish fishery in the
GOA exclusive economic zone according to the Fishery Management Plan
for Groundfish of the Gulf of Alaska (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 50 CFR part 679.
As of August 21, 1999, 4,700 metric tons (mt) of pollock remained
in the C seasonal allowance of the pollock TAC in Statistical Area 610
of the GOA. That amount will be available for harvest at 1200 hrs,
A.l.t., September 1, 1999. The emergency interim rule (EIR)
establishing Steller sea lion protection measures for pollock off
Alaska (64 FR 3437, January 22, 1999, and extended at 64 FR 39087, July
21, 1999) defines the C fishing season for pollock in Statistical Area
610 of the GOA as starting from 1200 hrs, A.l.t., September 1, 1999,
until the directed fishery is closed or 1200 hrs, A.l.t. October 1,
1999, whichever comes first. The D fishing season is to begin 5 days
after the closure of the C fishing season in Statistical Area 610.
Section 679.23(b) specifies that the time of all openings and
closures of fishing seasons other than the beginning and end of the
calendar fishing year is 1200 hrs, A.l.t. A fishery opening, therefore,
must be a minimum of 24 hours. Current information shows the catching
capacity of vessels catching pollock for processing by the inshore
component is in excess of 9,600 mt per day. The Administrator, Alaska
Region, NMFS, has determined that the C seasonal allowance of the
pollock TAC could be exceeded if a 24-hour fishery were allowed to
occur. NMFS intends that the seasonal allowance not be exceeded and,
therefore, will not allow a 24-hour directed fishery.
NMFS, in accordance with Sec. 679.25(a)(1)(i), is adjusting the C
fishing season for pollock in Statistical Area 610 of the GOA by
closing the fishery at 1800 hrs, A.l.t., September 1, 1999, at which
time directed fishing for pollock will be prohibited. This action has
the effect of opening the fishery for 6 hours. NMFS is taking this
action to allow a controlled fishery to occur, thereby preventing the
overharvest of the C seasonal allowance of the pollock TAC designated
in accordance with the EIR establishing Steller sea lion protection
measures for pollock off Alaska.
NMFS also is extending the C fishing season by inseason adjustment
to delay the start of the D fishing season until the agency has
determined whether sufficient amounts of the C season allowance remains
unharvested to allow another opening within the C fishing season prior
to the harvest of the pollock authorized for the D season. In
accordance with Sec. 679.20(a)(5)(ii)(C), underages from the C fishing
season also may be applied to the D fishing season, provided that the
revised D fishing seasonal allowance does not exceed 30 percent of the
annual TAC.
While the potential catching capacity for vessels delivering
pollock for processing by the inshore component is large enough to
limit the first opening during the C fishing season to 6 hours, that
limitation may reduce interest in participating in the fishery. If the
catch during the C fishing season is very limited, the potential exists
for a substantial amount of the C seasonal allowance of the pollock TAC
not to be caught and to be eligible for harvest during the D fishing
season. Therefore, in accordance with Sec. 679.25(a)(1)(i) and
(a)(2)(i)(C), NMFS is extending the C fishing season to prevent the
underharvest of that seasonal allowance of the pollock TAC until NMFS
has determined the C seasonal allowance has been harvested, or October
1, 1999, whichever occurs first.
In accordance with Sec. 679.25(a)(2)(iii), NMFS has determined that
prohibiting directed fishing at 1800 hrs, A.l.t., September 1, 1999,
after a 6-hour opening, and extending the C fishing season, is the
least restrictive management adjustment to achieve the C seasonal
allowance of the pollock TAC and will allow other fisheries to continue
in noncritical areas and time periods. Pursuant to Sec. 679.25(b)(2),
NMFS has considered data regarding catch per unit of effort and rate of
harvest in making this adjustment.
[[Page 48332]]
Classification
The Assistant Administrator for Fisheries, NOAA, finds for good
cause that providing prior notice and public comment or delaying the
effective date of this action is impracticable and contrary to the
public interest. Without this inseason adjustment, NMFS could not allow
this fishery, and the C seasonal allowance of the pollock TAC in
Statistical Area 610 of the GOA would not be harvested in accordance
with the regulatory schedule, resulting in a seasonal loss of more than
$1.0 million. Under Sec. 679.25(c)(2), interested persons are invited
to submit written comments on this action to the above address until
September 15, 1999.
This action is required by Secs. 679.20 and 679.25 and is exempt
from review under E.O. 12866.
Authority: 16 U.S.C. 1801 et seq.
Dated: August 30, 1999.
Bruce C. Morehead,
Acting Director, Office of Sustainable Fisheries, National Marine
Fisheries Service.
[FR Doc. 99-23085 Filed 8-31-99; 4:41 pm]
BILLING CODE 3510-22-F
