[Federal Register: March 4, 1999 (Volume 64, Number 42)]
[Rules and Regulations]               
[Page 10398]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr04mr99-9]

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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 679

[Docket No. 981021264-9016-02; I.D. 022699A]

 
Fisheries of the Exclusive Economic Zone Off Alaska; Atka 
Mackerel in the Central Aleutian District and Bering Sea subarea of the 
Bering Sea and Aleutian Islands

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

ACTION: A closure and an opening.

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SUMMARY: NMFS is prohibiting directed fishing for Atka mackerel in the 
Central Aleutian District of the Bering Sea and Aleutian Islands 
management area (BSAI). This action is necessary to prevent exceeding 
the 1999 interim harvest specification of Atka mackerel. NMFS is also 
opening fishing with trawl gear in Steller sea lion critical habitat in 
the Central Aleutian District for species for which directed fisheries 
are open.

DATES: Effective 1200 hrs, Alaska local time (A.l.t.), March 1, 1999, 
until superseded by the Final 1999 Harvest Specification for 
Groundfish, which will be published in the Federal Register.

FOR FURTHER INFORMATION CONTACT: Andrew Smoker, 907-586-7228.

SUPPLEMENTARY INFORMATION: NMFS manages the groundfish fishery in the 
BSAI exclusive economic zone 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 Interim 1999 Harvest Specifications (64 FR 50, January 4, 1999) 
as amended by the final rule implementing season and area apportionment 
of Atka mackerel total allowable catch (TAC) (64 FR 3446, January 22, 
1999) established 9,520 metric tons (mt) as the Atka mackerel TAC in 
the Central Aleutian District of the BSAI. See Sec. 679.20(c)(2)(ii).
    In accordance with Sec. 679.20(d)(1)(i), the Administrator, Alaska 
Region, NMFS (Regional Administrator), has determined that the 1999 
interim harvest specification for Atka mackerel in the Central Aleutian 
District will be reached. The Regional Administrator is establishing a 
directed fishing allowance of 9,270 mt, and is setting aside the 
remaining 250 mt as bycatch to support other anticipated groundfish 
fisheries. In accordance with Sec. 679.20(d)(1)(iii), the Regional 
Administrator finds that this directed fishing allowance has been 
reached. NMFS is prohibiting directed fishing for Atka mackerel in the 
Central Aleutian District of the BSAI.
    Maximum retainable bycatch amounts may be found in the regulations 
at Sec. 679.20(e) and (f).
    On February 13, 1999, NMFS prohibited trawling within Steller sea 
lion critical habitat in the Central Aleutian District because the 1999 
critical habitat percentage of the interim harvest specifications of 
Atka mackerel allocated to the Central Aleutian District had been 
reached (FR 64 8013, February 18, 1999). Regulations at 
Sec. 679.22(a)(8)(iii)(C) authorize opening Steller sea lion critical 
habitat in the Central Aleutian District to fishing with trawl gear 
after NMFS closes Atka mackerel to directed fishing within that 
district. NMFS is opening critical habitat in the Central Aleutian 
District to fishing with trawl gear for species open to directed 
fishing.

Classification

    This action responds to the interim TAC limitations and other 
restrictions on the fisheries established in the 1999 interim harvest 
specifications for groundfish for the BSAI. It must be implemented 
immediately to prevent overharvesting the 1999 interim harvest 
specification of Atka mackerel in the Central Aleutian District of the 
BSAI. A delay in the effective date is impracticable and contrary to 
the public interest. Further delay would only result in overharvest. 
NMFS finds for good cause that the implementation of this action should 
not 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: February 26, 1999.
Bruce C. Morehead,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 99-5283 Filed 3-1-99; 9:57 am]
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