[Federal Register: December 9, 1999 (Volume 64, Number 236)]
[Rules and Regulations]               
[Page 68949]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr09de99-11]                         

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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 679

[Docket No. 990304063-9063-01; I.D. 120299A]

 
Fisheries of the Exclusive Economic Zone Off Alaska; Pacific Cod 
by Vessels Using Hook-and-line or Pot Gear in the Bering Sea and 
Aleutian Islands

AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and 
Atmospheric Administration (NOAA), Commerce.

ACTION: Modification of a closure.

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SUMMARY: NMFS is opening directed fishing for Pacific cod by vessels 
using hook-and-line or pot gear in the Bering Sea and Aleutian Islands 
management area (BSAI). This action is necessary to fully utilize the 
portion of the 1999 total allowable catch (TAC) of Pacific cod 
allocated to these vessels in this area.

DATES: Effective 1200 hours, Alaska local time (A.l.t.), December 6, 
1999 until 2400 hrs, A.l.t., December 31, 1999.

FOR FURTHER INFORMATION CONTACT: Andrew Smoker, 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.
    The Final 1999 Harvest Specifications of Groundfish for the BSAI 
(64 FR 12103, March 11, 1999) established the portion of the TAC of 
Pacific cod allocated to vessels using hook-and-line or pot gear in the 
BSAI as 83,500 metric tons (mt) which was then modified by two 
reallocations of Pacific cod TAC (64 FR 52472, September 29, 1999; the 
second document has just been submitted to the Office of the Federal 
Register and will be published in approximately the second week of 
December) to 95,300 mt. See Sec. 679.20(c)(3)(iii) and 
Sec. 679.20(a)(7).
    The fishery for Pacific cod by vessels using hook-and-line or pot 
gear in the BSAI was closed to directed fishing under 
Sec. 679.20(d)(1)(iii) on October 19, 1999 (64 FR 56475, October 20, 
1999), in order to reserve amounts of Pacific cod anticipated to be 
needed for incidental catch in other fisheries.
    NMFS has determined that, with the reallocation of Pacific cod from 
catcher/processors and catcher vessels using trawl gear to vessels 
using hook-and-line or pot gear, 2,000 mt remain in the portion of the 
TAC of Pacific cod allocated to vessels using hook-and-line or pot gear 
in the BSAI. Because this amount exceeds anticipated needs for 
incidental catch of Pacific cod in other fisheries, NMFS is terminating 
the previous closure and is opening directed fishing for Pacific cod by 
vessels using hook-and-line or pot gear in the BSAI.
    All other closures remain in full force and effect. This action 
responds to the best available information recently obtained from the 
fishery. It must be implemented immediately in order to allow full 
utilization of the Pacific cod TAC. Providing prior notice and 
opportunity for public comment for this action is impracticable and 
contrary to the public interest. Further delay would only disrupt the 
FMP objective of providing the Pacific cod TAC for harvest. NMFS finds 
for good cause that the implementation of this action cannot be delayed 
for 30 days. Accordingly, under 5 U.S.C. 553(d), a delay in the 
effective date is hereby waived.
    This action is required by Sec. 679.20 and is exempt from review 
under E.O. 12866.

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

    Dated: December 3, 1999.
Richard W. Surdi,
Acting Director, Office of Sustainable Fisheries,National Marine 
Fisheries Service.
[FR Doc. 99-31954 Filed 12-6-99; 3:58 pm]
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