[Federal Register: October 7, 1999 (Volume 64, Number 194)] [Rules and Regulations] [Page 54578-54579] From the Federal Register Online via GPO Access [wais.access.gpo.gov] [DOCID:fr07oc99-19] ----------------------------------------------------------------------- DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 679 [Docket No. 990304062-9062-01; I.D. 100199A] Fisheries of the Exclusive Economic Zone Off Alaska; Vessels Less Than or Equal To 99 Feet LOA Catching Pollock for Processing by the Inshore Component in the Bering Sea AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Modification of a closure. ----------------------------------------------------------------------- SUMMARY: NMFS is modifying a closure for pollock by vessels catching pollock for processing by the inshore component in the critical habitat/catcher vessel operational area (CH/CVOA) of the Bering Sea and Aleutian Islands management area (BSAI) to exempt from this closure vessels less than or equal to 99 feet length over all (LOA). This action is necessary because a sufficient amount of the C season limit of the pollock total allowable catch (TAC) specified for the inshore component within the CH/CVOA remains to accommodate fishing by vessels less than or equal to 99 feet LOA catching pollock for processing by the inshore component. DATES: Effective 1200 hrs, Alaska local time (A.l.t.), October 1, 1999 until 2400 hrs A.l.t., December 31, 1999, or until NMFS publishes further notice in the Federal Register. FOR FURTHER INFORMATION CONTACT: Mary Furuness, 907-586-7228. SUPPLEMENTARY INFORMATION: NMFS manages the groundfish fishery in the BSAI 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. 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. In accordance with Sec. 679.20(a)(5)(i)(C)(1) and the revised emergency interim rule implementing Steller Sea lion conservation measures (64 FR 39087, July 21, 1999), the 1999 C season limit of pollock TAC specified to the inshore component for harvest within the CH/CVOA is 79,307 metric tons (mt). On September 29, 1999, the Administrator, Alaska Region, NMFS (Regional Administrator), issued a notice, which will publish on October 4, 1999, stating that the C season limit of pollock had been reached and prohibited directed fishing for pollock by all vessels catching pollock for processing by the inshore component within the CH/CVOA. However, in calculating the directed fishing closure, 5,000 mt of pollock had been reserved to accommodate continued fishing by catcher vessels less than or equal to 99 feet LOA, consistent with Sec. 679.22(a)(11)(iv)(C)(2). Although the notice prohibited directed fishing for pollock by all inshore vessels, the intent was to close directed fishing for catcher vessels greater than 99 feet LOA and to exempt from the closure catcher vessels less than or equal to 99 feet LOA. Consequently, NMFS is modifying the September 29, 1999, directed fishing closure for inshore pollock in the CH/CVOA to exempt from the closure catcher vessels less than or equal to 99 feet LOA catching pollock for processing by the inshore component within the CH/CVOA conservation zone, as defined at Sec. 679.22(a)(11)(iv)(B). The closure remains in full force and effect for inshore catcher vessels greater than 99 feet LOA. Classification This action responds to the best available information recently obtained from the fishery. It must be implemented immediately in order to allow for the continued fishing for the C season limit of pollock in the CH/CVOA by catcher vessels less than or equal to 99 feet LOA catching pollock for processing by the inshore component. A delay in the effective date is impracticable and contrary to the public interest. Further delay would result in inconsistency with regulation implementing reasonable and prudent management measures to promote the recovery of the endangered Steller sea lion. NMFS finds for good cause that the implementation of this action can not be delayed for 30 days. Accordingly, under 5 U.S.C. 553(d), a delay in the effective date is hereby waived. [[Page 54579]] This action is required by Sec. 679.22 and is exempt from review under E.O. 12866. Authority: 16 U.S.C. 1801 et seq. Dated: October 1, 1999. Gary C. Matlock, Director, Office of Sustainable Fisheries National Marine Fisheries Service. [FR Doc. 99-26101 Filed 10-1-99; 4:29 pm] BILLING CODE 3510-22-F