[Federal Register: June 9, 1999 (Volume 64, Number 110)] [Rules and Regulations] [Page 30926-30927] From the Federal Register Online via GPO Access [wais.access.gpo.gov] [DOCID:fr09jn99-16] ----------------------------------------------------------------------- DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 679 [Docket No. 990304062-9062-01; I.D. 060499A] Fisheries of the Exclusive Economic Zone Off Alaska; Pollock in Statistical Area 610 AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Closure. ----------------------------------------------------------------------- SUMMARY: NMFS is prohibiting directed fishing for pollock in Statistical Area 610 in the Gulf of Alaska (GOA). This action is necessary to prevent exceeding the second seasonal apportionment of pollock total allowable catch (TAC) in this area. DATES: Effective 1200 hours, Alaska local time (A.l.t.), June 7, 1999, until 1200 hours, A.l.t., September 1, 1999. FOR FURTHER INFORMATION CONTACT: Thomas Pearson, 907-486-6919 or tom.pearson@noaa.gov. 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. The second seasonal apportionment of pollock TAC is equal to 20 percent of the annual TAC (Sec. 679.20(a)(5)(ii)(C)). The Administrator, Alaska Region, NMFS (Regional Administrator), has determined that any amount of unharvested first seasonal apportionment of TAC or any amount of TAC harvested in excess of the first seasonal apportionment shall be proportionately added to or subtracted from subsequent seasonal apportionments throughout the remainder of the fishing year, with the provision that no seasonal apportionment shall exceed 30 percent [[Page 30927]] of the annual TAC (Sec. 679.20(a)(5)(ii)(C)). This action is consistent with the manner in which underages and/or overages of seasonal apportionments of pollock TAC have been managed in previous years. The pollock TAC in Statistical Area 610 was established by the Final 1999 Harvest Specifications (64 FR 12094, March 11, 1999) as 23,120 metric tons (mt) for the entire 1999 fishing year. In accordance with Sec. 679.20(a)(5)(ii)(C), the second seasonal apportionment of pollock TAC in the Statistical Area 610 is 4,180 mt. This is 444 mt less than the 1999 allocation of 4,624 mt because a 22 percent overage in the previous season's catch has been deducted for this seasonal allowance. In accordance with Sec. 679.20(d)(1)(i), the Regional Administrator has determined that the second seasonal apportionment of pollock TAC in Statistical Area 610 has been reached. Therefore, the Regional Administrator is establishing a directed fishing allowance of 3,980 mt, and is setting aside the remaining 200 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. Consequently, NMFS is prohibiting directed fishing for pollock in Statistical Area 610. Maximum retainable bycatch amounts may be found in the regulations at Sec. 679.20(e) and (f). Classification This action responds to the second seasonal TAC limitations and other restrictions on the fisheries established in the final 1999 harvest specifications for groundfish in the GOA. It must be implemented immediately to prevent overharvesting the second seasonal apportionment of pollock TAC in Statistical Area 610 of the GOA. 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 50 CFR 679.20 and is exempt from review under E.O. 12866. Authority: 16 U.S.C. 1801 et seq. Dated: June 4, 1999. Bruce C. Morehead, Acting Director, Office of Sustainable Fisheries, National Marine Fisheries Service. [FR Doc. 99-14632 Filed 6-4-99; 4:19 pm] BILLING CODE 3510-22-F