[Federal Register: August 20, 1998 (Volume 63, Number 161)]
[Rules and Regulations]               
[Page 44595-44596]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr20au98-16]

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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 679

[Docket No. 971208298-8055-02; I.D. 081498A]

 
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 the 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 prohibiting 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 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.), August 16, 1998, 
until 2400 hrs, A.l.t., December 31, 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

[[Page 44596]]

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 1998 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 as 735 metric tons by the Final 1998 Harvest Specifications 
of Groundfish for the BSAI (63 FR 12689, March 16, 1998).
    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 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 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 allowance. Further delay would only result 
in the 1998 Pacific halibut bycatch allowance being exceeded. 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: August 14, 1998.
Gary C. Matlock,
Director, Office of Sustainable Fisheries, National Marine Fisheries 
Service.
[FR Doc. 98-22342 Filed 8-14-98; 4:26 pm]
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