[Federal Register: September 10, 1999 (Volume 64, Number 175)] [Rules and Regulations] [Page 49103-49104] From the Federal Register Online via GPO Access [wais.access.gpo.gov] [DOCID:fr10se99-27] ----------------------------------------------------------------------- DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 679 [Docket No. 990304063-9063-01; I.D. 090399A] Fisheries of the Exclusive Economic Zone Off Alaska; Atka Mackerel to Vessels Using ``Other Gear'' in the Eastern 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: Closure. ----------------------------------------------------------------------- SUMMARY: NMFS is prohibiting directed fishing for Atka mackerel by vessels using ``other gear'' in the Eastern Aleutian District and the Bering Sea subarea of the Bering Sea and Aleutian Islands management area (BSAI). This action is necessary to prevent exceeding the 1999 initial total allowable catch (ITAC) of Atka mackerel allocated to vessels using ``other gear'' in the Eastern Aleutian District and the Bering Sea subarea of the BSAI. DATES: Effective 1200 hrs, Alaska local time (A.l.t.), September 7, 1999, until 2400 hrs, A.l.t., December 31, 1999. FOR FURTHER INFORMATION CONTACT: Mary Furuness, 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 are found at subpart H of 50 CFR part 600 and CFR part 679. The 1999 ITAC of Atka mackerel allocated to vessels using ``other gear'' in the Eastern Aleutian District and the Bering Sea subarea was established by the Final 1999 Harvest Specifications for Groundfish (64 FR 12103, March 11, 1999) as 15,568 metric tons (mt). See Sec. 679.20(c)(6) and 679.20(a)(8). In accordance with Sec. 679.20(d)(1)(i), the Administrator, Alaska Region, NMFS (Regional Administrator), has determined that the 1999 ITAC of Atka mackerel allocated to vessels using ``other gear'' in the Eastern Aleutian District and the Bering Sea subarea will be reached. Therefore, the Regional [[Page 49104]] Administrator is establishing a directed fishing allowance of 15,068 mt, and is setting aside the remaining 500 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 soon will be reached. Consequently, NMFS is prohibiting directed fishing for Atka mackerel for vessels using ``other gear'' in the Eastern Aleutian District and the Bering Sea subarea of 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 overharvesting the 1999 ITAC of Atka mackerel allocated to vessels using ``other gear'' in the Eastern Aleutian District and the Bering Sea subarea 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: September 3, 1999. Bruce C. Morehead, Acting Director, Office of Sustainable Fisheries, National Marine Fisheries Service. [FR Doc. 99-23459 Filed 9-3-99; 4:07 pm] BILLING CODE 3510-22-F